Ryan Consulting Group, Inc.

B-414014 Nov 07, 2016 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Ryan Consulting Group, Inc., of Indianapolis, Indiana, protests the issuance of a task order to 22nd Century Team, LLC, of McLean, Virginia, by the Department of Housing and Urban Development (HUD) to provide enterprise architecture and information technology management support services. The order, valued above $10 million, was issued under a multiple-award, indefinite-delivery/indefinite-quantity (IDIQ) contract awarded by the Department of Health and Human Services, National Institutes of Health (NIH), pursuant to the civilian agency task and delivery ordering authorities established under Title 41 of the U.S. Code. See 41 U.S.C. 4103, 4106. Ryan, one of the multiple award contract holders, challenges the order essentially arguing that the agency misevaluated the proposals submitted in response to the task order request. 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:  Ryan Consulting Group, Inc. File:  B-414014 Date:  November 7, 2016 Denise Redding for the protester. Blythe I. Rodgers, Esq., and Julie K. Cannatti, Esq., Department of Housing and Urban Development, for the agency. Paula A. Williams, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST The Government Accountability Office (GAO) lacks jurisdiction 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 because GAO’s specific authority to hear such protests has expired. DECISION Ryan Consulting Group, Inc., of Indianapolis, Indiana, protests the issuance of a task order to 22nd Century Team, LLC, of McLean, Virginia, by the Department of Housing and Urban Development (HUD) to provide enterprise architecture and information technology management support services.  The order, valued above $10 million, was issued under a multiple-award, indefinite-delivery/indefinite-quantity (IDIQ) contract awarded by the Department of Health and Human Services, National Institutes of Health (NIH), pursuant to the civilian agency task and delivery ordering authorities established under Title 41 of the U.S. Code.  See 41 U.S.C. § 4103, 4106.  Ryan, one of the multiple award contract holders, challenges the order essentially arguing that the agency misevaluated the proposals submitted in response to the task order request.  We dismiss the protest because it is not within our jurisdiction. In 1994, the Federal Acquisition Streamlining Act (FASA) established a bar against protests concerning 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, 3264 (1994) (codified in Titles 10 and 41 of the U.S. Code); Technatomy Corp., B-405130, June 14, 2011, 2011 CPD ¶ 107 at 2-3.  The National Defense Authorization Act (NDAA) for Fiscal Year 2008, amended FASA to grant GAO limited jurisdiction to hear protests in connection with the issuance or proposed issuance of non-civilian agency orders (governed by Title 10) and civilian agency orders (governed by Title 41), where the value of the order exceeded $10 million, in addition to protests concerning the scope, period, or maximum value of the underlying contract.  Pub. L. No. 110-181, 122 Stat. 3, 237 (2008).  The NDAA for Fiscal Year 2008 also included a sunset provision under which the general bar on our task and delivery order jurisdiction would expire on May 27, 2011.  Id.; Kevcon, Inc., B-406418, Mar.