Red River Waste Solutions, Inc.

B-414367 Mar 21, 2017 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Red River Waste Solutions, Inc., of Dripping Springs, Texas, protests the Department of the Army's award of an intergovernmental support agreement (IGSA) to Vernon Parish, Louisiana, to provide waste management/refuse collection services at or near Fort Polk, Louisiana. Red River asserts that the award is contrary to the "enabling statute" that authorizes the award of IGSAs. Protest, Feb. 14, 2017, at 1. We dismiss the protest. We dismiss the protest. View Decision Decision Matter of:  Red River Waste Solutions, Inc. File:  B-414367 Date:  March 21, 2017 Johnathan M. Bailey, Esq., Bailey & Bailey, P.C., for the protester. Scott N. Flesch, Esq., and Maj. Bruce L. Mayeaux, Department of the Army, 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 1.  Agency’s award of an intergovernmental support agreement (IGSA) constitutes the award of a procurement contract that is subject to this Office’s bid protest jurisdiction. 2.  Protest challenging an IGSA awardee’s qualifications to receive an award is not timely filed, and fails to state a valid basis for protest. 3.  Protest challenging the actions of the IGSA awardee in performing the IGSA are matters of contract administration and not for consideration under GAO’s bid protest authority. DECISION Red River Waste Solutions, Inc., of Dripping Springs, Texas, protests the Department of the Army’s award of an intergovernmental support agreement (IGSA) to Vernon Parish, Louisiana, to provide waste management/refuse collection services at or near Fort Polk, Louisiana.  Red River asserts that the award is contrary to the “enabling statute” that authorizes the award of IGSAs.  Protest, Feb. 14, 2017, at 1.  We dismiss the protest.  BACKGROUND Red River is the incumbent contractor providing refuse collection services for Fort Polk.  Previously, we sustained a protest filed by Red River that challenged the terms of a “commercial item” solicitation the agency had issued to recompete the refuse collection requirements.  Red River Waste Solutions, LP, B-411760.2, Jan. 20, 2016, 2016 CPD ¶ 45.  There, we concluded that the agency had failed to establish that the terms of the solicitation were consistent with customary commercial practice.  Id.  Following that decision, Red River has continued to perform as the incumbent contractor.  On December 14, 2016, the agency posted to the federal business opportunities website (FedBizOpps) a justification and approval (J&A) for the use of other than full and open competition to extend Red River’s incumbent contract from December 1, 2016 through March 31, 2017.  Agency Motion to Dismiss, Feb. 24, 2017, exh. G-2.  In the J&A, the agency stated that it was “exploring” various alternatives and “analyzing multiple ways of meeting the solid waste removal requirement . . . including acquiring this service through an Intergovenrmental Support Agreement with a local municipality pursuant to 10 USC 2679.”  Id. at 1, 5. In this regard, 10 U.S.C. § 2679, titled “Installation–Support Services:  Intergovernmental Support Agreements,” provides as follows:  (a) In General.— (1)Notwithstanding any other provision of law governing the award of Federal government contracts for goods and services, the Secretary concerned may enter into an intergovernmental support agreement, on a sole source basis, with a State or local government to provide, receive, or share installation-support services if the Secretary determines that the agreement will serve the best interests of the department by enhancing mission effectiveness or creating efficiencies or economies of scale, including by reducing costs. (2)An intergovernmental support agreement under paragraph (1)— (A)May be for a term not to exceed five years; and (B)May use, for installation-support services provided by a State or local government, wage grades normally paid by that State or local government. (3)An intergovernmental support agreement under paragraph (1) may only be used when the Secretary concerned or the State or local government, as the case may be, providing the installation-support services already provides such services for its own use. (4)Any contract for the provision of installation-support services awarded by the Federal Government or a State or local government pursuant to an intergovernmental support agreement provided in subsection (a) shall be awarded on a competitive basis. 10 U.S.C.