Wyle Laboratories, Inc.

B-413989 Dec 05, 2016 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Wyle Laboratories, Inc., of Lexington Park, Maryland, protests the issuance of a task order by the Department of the Navy, Naval Air Systems Command, Naval Air Warfare Center Aircraft Division (NAVAIR), to Booz Allen Hamilton, Inc., of McLean, Virginia, under request for proposals (RFP) No. N68335-15-R-0343, for comprehensive life cycle and sustainment support services. The solicitation contemplated the issuance of a task order against an existing multiple-award indefinite-delivery, indefinite-quantity (IDIQ) contract known as the General Services Administration's (GSA) One Acquisition Solution for Integrated Services (OASIS) contract. Wyle challenges the agency's evaluation and source selection decision. 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:  Wyle Laboratories, Inc. File:  B-413989 Date:  December 5, 2016 Lee P. Curtis, Esq., Andrew E. Shipley, Esq., Seth H. Locke, Esq., and Andrew J. Victor, Esq., Perkins Coie LLP, for the protester. Marcia G. Madsen, Esq., Cameron S. Hamrick, Esq., Roger V. Abbott, Esq., Polly A. Myers, Esq., and David F. Dowd, Esq., Mayer Brown LLP, for Booz Allen Hamilton, Inc., the intervenor. Caroline Cobb, Esq., Robin Ray Coll, Esq., and Jessica K. Eddy, Esq., Department of the Navy, for the agency. Heather Weiner, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protester’s challenge to the issuance 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 Wyle Laboratories, Inc., of Lexington Park, Maryland, protests the issuance of a task order by the Department of the Navy, Naval Air Systems Command, Naval Air Warfare Center Aircraft Division (NAVAIR), to Booz Allen Hamilton, Inc., of McLean, Virginia, under request for proposals (RFP) No. N68335-15-R-0343, for comprehensive life cycle and sustainment support services.  The solicitation contemplated the issuance of a task order against an existing multiple‑award indefinite-delivery, indefinite‑quantity (IDIQ) contract known as the General Services Administration’s (GSA) One Acquisition Solution for Integrated Services (OASIS) contract.  Wyle challenges the agency’s evaluation and source selection decision. We dismiss the protest because it is not within our jurisdiction. On November 15, 2015, the Navy issued the RFP under the provisions of Federal Acquisition Regulation subpart 16.5 to existing OASIS contractor holders, including Wyle and Booz Allen, to procure life cycle logistics and sustainment support services for the F-35 Lightning II Joint Program Office.  Agency Dismissal Request at 1.  The solicitation anticipated the issuance of a single cost-plus-fixed-fee, level‑of-effort task order, on a best-value basis, for a base year, with four 12‑month options.  On September 28, the Navy notified Wyle that a task order, valued at approximately $145 million, had been issued to Booz Allen.  Protest, Exh. 2, Award Notice, at 1.  On October 12, Wyle filed this protest challenging the award.  In response, both the agency and intervenor seek dismissal of the protest, arguing that our jurisdiction to hear the protest, which is grounded in the Federal Acquisition Streamlining Act (FASA), has expired.  For the reasons discussed below, we agree that GAO’s jurisdiction to hear the protest has lapsed, and dismiss the protest on this basis. GAO’s jurisdiction to hear protests in connection with orders issued under the authority and procedures established by Title 41 of the United States Code, valued in excess of $10 million, expired on September 30, 2016.[1]  Pub. L. No. 112-81, 125 Stat. 1298, 1491 (2011).[2]  Accordingly, as of October 1, 2016, our Office no longer has jurisdiction to hear protests of orders issued against task and delivery order contracts entered into by civilian agencies under Title 41, i.e., multiple-award IDIQ contracts awarded by civilian agencies.  See Analytic Strategies LLC; Gemini Indus., Inc., supra, at 3, and HP Enter.