Computers Universal, Inc., B-293548, April 9, 2004

B-293548 Apr 09, 2004 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Indefinite-quantity contract through delivery order is denied where contract under which delivery order was issued contains broad statement of objectives that reasonably encompasses services at issue. Which was awarded by the Department of the Air Force. /1/ CUI objects that obtaining NDI/NDT services under the delivery order improperly increases the scope of the Air Force contract. The Air Force CFT contract with DynCorp was one of four multiple award. The Air Force emphasizes that the CFT contract is a flexible worldwide contracting vehicle. /4/ The protester does not hold a CFT contract. Or maximum value of the contract under which the order is issued are authorized under FASA. The protester argues that inclusion of the NDI/NDT services under delivery order No. 0422-0122 is improper because this work is outside the scope of the CFT contract. View Decision Computers Universal, Inc., B-293548, April 9, 2004 DIGEST Attorneys DECISION Computers Universal, Inc. (CUI), a small business, protests the decision of the Department of the Army to obtain non-destructive inspection (NDI) and non-destructive testing (NDT) services in support of Eighth United States Army aviation units in Korea through a pre-existing delivery order issued to DynCorp under contract No. F34601-97-D-0422, which was awarded by the Department of the Air Force. /1/ CUI objects that obtaining NDI/NDT services under the delivery order improperly increases the scope of the Air Force contract. We deny the protest. On October 14, 2003, at the request of the Army, the Air Force issued delivery order No. 0422-0122 under the DynCorp Contract Field Team (CFT) contract. /2/ The delivery order specified a delivery order "ceiling amount" of $3,995,000. Agency Report, Tab 15, Order for Supplies or Services DD-1155, at 1. In January 2004, the Army decided not to exercise an option under CUI's contract and thus allowed CUI's contract for NDI/NDT services to expire. At the same time, the Army began to obtain NDI/NDT services under delivery order No. 0422-0122. This protest followed. The Air Force CFT contract with DynCorp was one of four multiple award, indefinite-delivery, indefinite-quantity (IDIQ) CFT contracts awarded on July 31, 1997 under request for proposals (RFP) No. F34601-97-R-0008. Air Force Contracting Officer's Statement at 1. The CFT contract provided for a 2-year base term, followed by four successive 2-year option periods, with a maximum term of 10 years. /3/ RFP Sec. I-195. The Air Force emphasizes that the CFT contract is a flexible worldwide contracting vehicle. /4/ The protester does not hold a CFT contract. The Federal Acquisition Streamlining Act (FASA), as codified at 10 U.S.C. Sec. 2304c(d) (2000), generally precludes protests in connection with the issuance or proposed issuance of a task order. However, protests on the ground that the order increases the scope, period, or maximum value of the contract under which the order is issued are authorized under FASA. See Floro & Assocs., B-285451.3, B-285451.4, Oct. 25, 2000, 2000 CPD Para. 172 at 6. The protester argues that inclusion of the NDI/NDT services under delivery order No. 0422-0122 is improper because this work is outside the scope of the CFT contract. The CFT contract did not include a statement of work as such. Rather, a two-page statement of objectives was appended to the RFP, which set forth one program objective, nine contract objectives, and one management objective, all of which were quite general. The single program objective was stated as follows: The objective of this program is for the offeror to provide supplemental on-site Organizational, Intermediate, and Depot level maintenance support for modification, maintenance, and repair of various DoD [Department of Defense] weapons systems and associated support equipment for any Federal Agency at locations both in CONUS [continental United States] and OCONUS [outside of continental United States] at an affordable cost. RFP Statement of Objectives for Contract Field Teams at 1. In addition, the contract objectives consisted of broad goals, such as "utiliz[ing] a program management system . . ." and "plan[ning] and execut[ing] a safety program." Id. at 1-2. Further, the individual contract line items were described as relating to labor or services that were: necessary to perform modification, maintenance, or repair on various DOD weapon systems and support equipment at world-wide locations as contemplated in AFMCR 66-33 & AFMC FAR Supplement 5392.5 and in accordance with individual delivery orders issued. RFP Sec. B.