Enterprise Services, LLC

B-413382.2 Nov 30, 2016 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights HP Enterprise Services, LLC (HPES), of Herndon, Virginia, protests the General Services Administration's (GSA) award of a task order to CACI, Inc., of Chantilly, Virginia, pursuant to task order request (TOR) No. ID1150045, to provide various information technology (IT) support services for the Department of Defense. We dismiss the protest because it is not within our jurisdiction. We dismiss the protest because it is not within our jurisdiction. View Decision Decision Matter of:  HP Enterprise Services, LLC File:  B-413382.2 Date:  November 30, 2016 Kevin J. Maynard, Esq., Gary S. Ward, Esq., and Cara L. Lasley, Esq., Wiley Rein LLP, for the protester. Sharon L. Larkin, Esq., Steptoe & Johnson LLP, for CACI, Inc., the intervener. Maria G. Bellizzi, Esq., General Services Administration, for the agency. Glenn G. Wolcott, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protester’s challenge to the award of a task order to another offeror is dismissed because the statutory grant of jurisdiction to the Government Accountability Office to consider protests in connection with task and delivery orders valued above $10 million, issued under civilian agency multiple-award indefinite-delivery/indefinite-quantity contracts, has expired. DECISION HP Enterprise Services, LLC (HPES), of Herndon, Virginia, protests the General Services Administration’s (GSA)  award of a task order to CACI, Inc., of Chantilly, Virginia, pursuant to task order request (TOR) No. ID1150045, to provide various information technology (IT) support services for the Department of Defense.    We dismiss the protest because it is not within our jurisdiction.  In March 2016, the GSA issued TOR No. ID11150045 to contractors holding GSA ALLIANT indefinite‑delivery/indefinite-quantity (IDIQ) contracts, including HPES and CACI.  The solicitation provided that the task order awardee will provide various IT support services for the Department of Defense (DOD) Joint Service Provider (JSP), stating:  “JSP provides IT support for Washington Headquarter Services (WHS), Pentagon Force Protection Agency (PFPA), Office of the Secretary of Defense (OSD) components, and designated [DOD] activities.”  Protest, exh. 4, TOR, at C-1. On June 30, GSA notified HPES that a task order had been awarded to CACI.  On July 11, HPES filed a protest challenging that award.  By letter of July 26, the agency informed our Office that it would review and reevaluate its best-value determination and award decision.  On August 3, we dismissed HPES’s protest, finding that the agency’s pending corrective action rendered the protest academic.  On October 14, GSA advised HPES that, following its review and reevaluation, it had again selected CACI for award on the basis that “CACI presented the most advantageous offer to the Government, technical and price factors considered.”  Letter from GSA to HPES, Oct. 14, 2016.  On October 21, HPES filed this protest with our Office.  On October 25, GSA submitted a motion to dismiss the protest on the basis that GAO’s statutory authority to consider HPES’s protest, which is grounded in the Federal Acquisition Streamlining Act (FASA), has expired.  In 1994, Congress enacted FASA, which, as relevant here, provided statutory guidance for the award of IDIQ contracts.  See Pub. L. No. 103-355, 108 Stat. 3243 (1994) (codified in Titles 10 and 41 of the U.S. Code); Technatomy Corp., B-405130, June 14, 2011, 2011 CPD ¶ 107 at 2.  The authorities to award IDIQ contracts and to issue orders under IDIQ contracts are codified under Titles 10 and 41.[1]  See 10 U.S.C. §§ 2304a, 2304b, 2304c; 41 U.S.C. §§ 4103, 4105, 4106. Section 4103 of Title 41 establishes the authority of civilian agencies to award IDIQ contracts.  As relevant here, this provision states that “[s]ubject to the requirements of this section, section 4106 of this title, and other applicable law, the head of an executive agency may enter into a task or delivery order contract” for procurement of services or property.  41 U.S.C. §§ 4103(a).  Section 4106 of Title 41 “applies to task and delivery order contracts entered into under section[ ] 4103” of Title 41, and provides the process for issuing orders under those contracts.  41 U.S.C. § 4106(a). FASA also established a bar against protests filed in connection with military and civilian agency task and delivery orders issued under multiple-award IDIQ contracts, with the exception of those protests alleging that an order increases the scope, period, or maximum value of an underlying IDIQ contract.  See Pub. L. No. 103-355, 108 Stat. 3243, 3253, 3264 (1994) (codified in Titles 10 and 41 of the U.S. Code); Ryan Consulting Grp., Inc., B-414014, Nov.