B-400227, Systems Research and Applications Corporation, July 21, 2008

B-400227 Jul 21, 2008 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Systems Research and Applications Corporation (SRA) protests the General Services Administration's (GSA) issuance of a task order to Science Applications International Corporation (SAIC) to provide various information technology (IT) services. SRA protests that SAIC has various conflicts of interest, that SRA and SAIC were not treated equally, that the agency misled SRA regarding its proposed cost/price, and that the agency misevaluated various aspects of SRA's proposal. We dismiss the protest. View Decision B-400227, Systems Research and Applications Corporation, July 21, 2008 Decision Matter of: Systems Research and Applications Corporation File: B-400227 Date: July 21, 2008 Thomas P. Humphrey, Esq., John E. McCarthy, Jr., Esq., Jon D. Levin, Esq., and James G. Peyster, Esq., Crowell & Moring LLP, for the protester. James J. McCullough, Esq., Deneen J. Melander, Esq., and Steven A. Alerding, Esq., Fried, Frank, Harris, Shriver & Jacobson, LLP, for Science Applications International Corporation, an intervenor. Liana D. Henry, Esq., General Services Administration, for the agency. Glenn G. Wolcott, Esq., and Ralph O. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where protest challenges the issuance of a task order that occurred prior to the effective date of the provision of the National Defense Authorization Act of Fiscal Year 2008 that provides statutory authority for this Office to review protests challenging task orders, the applicable provisions of the Federal Acquisition Streamlining Act of 1994 preclude this Office's consideration of the protest. DECISION Systems Research and Applications Corporation (SRA) protests the General Services Administration's (GSA) issuance of a task order to Science Applications International Corporation (SAIC) to provide various information technology (IT) services. SRA protests that SAIC has various conflicts of interest, that SRA and SAIC were not treated equally, that the agency misled SRA regarding its proposed cost/price, and that the agency misevaluated various aspects of SRA's proposal. GSA seeks dismissal of SRA's protest on the ground that protests challenging task orders that are issued pursuant to indefinite-delivery/indefinite-quantity (ID/IQ) contracts are precluded by the Federal Acquisition Streamlining Act of 1994 (FASA), 41 U.S.C. sect. 253(j) (2008). In response, SRA argues that the protest is authorized by the recent enactment of section 843 of the National Defense Authorization Act of Fiscal Year 2008 (NDAA), Pub. L. 110-181, 122 Stat. 3, 236'39 (2008). As discussed below, the record establishes that the task order at issue was awarded prior to the effective date of the NDAA; accordingly, the provisions of FASA control this matter, and we dismiss the protest for lack of jurisdiction. BACKGROUND Pursuant to FASA, a task order award may only be protested in certain limited situations. Specifically, FASA states: A protest is not authorized in connection with the issuance or proposed issuance of a task or delivery order except for a protest on the ground that the order increases the scope, period, or maximum value of the contract under which the order is issued.[[1]] 41 U.S.C. sect. 253j(d) (2008). On January 28, 2008, the President signed the NDAA into law. Pub. L. No. 110-181, 122 Stat. 3 (2008). Among other things, the NDAA amends FASA and authorizes this Office to consider protests in connection with the issuance of task orders in excess of $10 million, further providing that this Office's jurisdiction with regard to such protests –shall take effect on the date that is 120 days after the date of the enactment of this Act, and shall apply with respect to any task or delivery order awarded on or after such date.—[2] Pub. L. 110-181, sect. 843(b)(2),(3), 122 Stat. 239. There is no dispute that May 27, 2008 was the 120th day after enactment of the NDAA. The record shows that, in December 2007, GSA issued task order request (TOR) No. GSC-TFMG-08-31980 under GSA's Millennia Government Wide Acquisition Contract (GWAC),[3] seeking proposals to provide support for various U.S. Army information technology systems. As amended, the TOR required offerors to submit final proposals by April 21, 2008. SRA and SAIC each submitted timely final proposals. The record further shows that GSA's contracting officer made the requisite best value determination on Friday, May 23, 2008, selecting SAIC as the task order awardee. Declaration of GSA Contracting Officer, June 16, 2008, para. 5.