Professional Performance Development Group, Inc., B-294054.3, September 30, 2004

B-294054.3 Sep 30, 2004 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Professional Performance Development Group, Inc. (PPDG) protests a decision by the Bureau of the Public Debt, Department of the Treasury, to limit the competition for certain task orders under multiple-award contract No. TPD-04-C-0018 to small disadvantaged and Historically Underutilized Business Zone (HUBZone) small businesses. PPDG argues that, under the terms of the RFP, the agency was required to provide a fair opportunity for all of the multiple-award contract holders (hereinafter, the vendors) to compete for these task orders, rather than limiting eligibility for receipt of these orders to small business vendors. We dismiss the protest. View Decision B-294054.3, Professional Performance Development Group, Inc., September 30, 2004 Decision Matter of: Professional Performance Development Group, Inc. File: B-294054.3 Date: September 30, 2004 John S. Pachter, Esq., and Erin R. Karsman, Esq., Smith Pachter McWhorter & Allen PLC, for the protester. David T. Copenhaver, Esq., Bureau of the Public Debt, Department of the Treasury, for the agency. Ralph O. White, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protester's challenge to an agency's decision about which vendors under a multiple-award contract will be eligible to compete for which task orders--a decision based on the agency's interpretation of a contract clause that apportions eligibility for the award of task orders among vendors--is not for review by the Government Accountability Office. DECISION Professional Performance Development Group, Inc. (PPDG) protests a decision by the Bureau of the Public Debt, Department of the Treasury, to limit the competition for certain task orders under multiple-award contract No. TPD-04-C-0018 to small disadvantaged and Historically Underutilized Business Zone (HUBZone) small businesses. PPDG argues that, under the terms of the RFP, the agency was required to provide a fair opportunity for all of the multiple-award contract holders (hereinafter, the vendors) to compete for these task orders, rather than limiting eligibility for receipt of these orders to small business vendors. We dismiss the protest. The Bureau of the Public Debt awards contracts on behalf of the Department of the Treasury's nine FedSource branch offices, which operate as part of the Treasury's "franchise fund." [1] The branch offices essentially market and provide a wide range of support services to other agencies on a reimbursable basis. The contract at issue here was awarded October 30, 2003, to nine vendors--six of which, including PPDG, are large businesses, and three of which are small businesses (one small business, one 8(a) small business, and one HUBZone small business). This contract replaced contract No. TPD-99-C-0009, which was awarded on October 1, 1998, and expires in October 2004. PPDG is a vendor under both contracts, and task orders first awarded under the 1998 contract are being transitioned to the 2003 contract. The 2003 contract contains a clause that governs which of the vendors will be allowed to compete for which task orders. Subsection (a) of the clause is set forth below, with relevant portions underlined: G.14 COMPETITION OF TASK ORDERS AMONG CONTRACTORS a. Since the Government may award multiple contracts, the following procedures and selection criteria will be used to provide Contractors a fair opportunity to be considered for each task order (FAR 16.505(b), Ordering). Each task proposal request will specify whether the task order is being awarded based upon lowest price or a combination of price and technical merit representing the best value to the Government. FedSource identified requirements will be competed among 8(a) and HUBZone Contractors.