B-310823; B-310823.2; B-310823.4, Global Computer Enterprises, Inc., January 31, 2008

B-310823; B-310823.2; B-310823.4, Global Computer Enterprises, Inc., January 31, 2008 TITLE: B-310823; B-310823.2; B-310823.4, Global Computer Enterprises, Inc., January 31, 2008 BNUMBER: B-310823; B-310823.2; B-310823.4 DATE: January 31, 2008 ************************************************************************************* B-310823; B-310823.2; B-310823.4, Global Computer Enterprises, Inc., January 31, 2008 DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: Global Computer Enterprises, Inc. File: B-310823; B-310823.2; B-310823.4 Date: January 31, 2008 Lawrence J. Sklute, Esq., Sklute & Associates, for the protester. William L. Walsh, Jr., Esq., J. Scott Hommer, III, Esq., Patrick R. Quigley, Esq., and Peter A. Riesen, Esq., Venable LLP, for QSS Group, Inc., an intervenor. Timothy A. Chenault, Esq., U.S. Coast Guard, for the agency. Louis A. Chiarella, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging the issuance of modifications to a task order under an indefinite-delivery/indefinite-quantity (ID/IQ) contract as being beyond the scope of the task order is dismissed; Government Accountability Office lacks jurisdiction to consider whether a modification is beyond the scope of the task order. 2. Protest that the agency improperly bundled work requirements previously performed by separate small businesses by means of the modification of an ID/IQ task order being performed by a small business is dismissed given the statutory bar on protests concerning the issuance of task orders. DECISION Global Computer Enterprises, Inc. (GCE) protests the decision of the U.S. Coast Guard, Department of Homeland Security, to obtain federal financial information technology support services through modifications to a task order issued to QSS Group, Inc. under a multiple-award, indefinite-delivery/indefinite quantity (ID/IQ) contract. GCE principally maintains that these services are beyond the scope of QSS's task order, and that by acquiring them under the task order, the Coast Guard has engaged in improper bundling. We dismiss the protest. BACKGROUND In 1999, the Department of Transportation awarded the Information Technology Omnibus Procurement (ITOP) II contract, a multiple-award, ID/IQ government-wide acquisition contract (GWAC)[1] for a broad range of information technology (IT) hardware, software, and services.[2] Specifically, ITOP II was awarded to a total of 35 large, small, and small-disadvantaged businesses, including QSS (a small disadvantaged business), with a base period of 7 years and a not-to-exceed ceiling of $10 billion.[3] Additionally, ITOP II permitted individual agencies across the federal government to meet their various IT requirements through the issuance of fixed-price, time-and-materials, and/or cost-reimbursement task orders to the contract holders.[4] See ITOP II Overview (available at http://www.gsa.gov); see also GAO-02-734, Contract Management: Interagency Contract Program Fees Need More Oversight (Washington, D.C., July 2002), App. XI: Governmentwide Acquisition Contract Data Sheet--Department of Transportation. On June 9, 2005, the Coast Guard issued task order No. HSCGG3-05-F-TWV436 to QSS under the vendor's ITOP II contract for systems engineering and technical services (hereinafter, SETS II) at a total estimated cost of $204,628,568.[5] The SETS II task order included a 1-month transition period and a 6-month base period, together with four 1-year options and one 5-month option, for a total performance period of 5 years. The statement of work described the general scope of the task order as "software engineering and technical services that apply to existing and future computer systems and communications networks designated by the [agency] for SETS II support under this Task Order," and listed numerous types of IT services to be provided under the SETS II task order. Agency Report (AR), Tab 10, SETS II Task Order, sect. C, at 1. The SETS II statement of work also described the specific types of IT services to be performed (e.g., software development and maintenance, system administration, database administration) as well as the current Coast Guard systems upon which these IT services were to be provided. Id. at 19-88. Prior to September 25, 2007, the Coast Guard had not procured its federal financial IT support services by means of the SETS II task order.