AMAR Health IT, LLC

B-414384.3 Mar 13, 2018 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights AMAR Health IT, LLC, of North Bethesda, Maryland, protests the issuance of a task order under request for quotations (RFQ) No. NIHM2017001GB, issued by the Department of Health and Human Services, National Institute of Health, to Zolon Tech., Inc. for information technology services for the processing of health-related journal manuscripts. AMAR argues that the agency "effectively terminated" the task order that it had been awarded--which at the time exceeded our jurisdictional threshold, and then based on an improper evaluation, issued a task order to Zolon that fell below our jurisdictional threshold. We dismiss the protest because our Office does not have jurisdiction to entertain protests of task orders issued under civilian agency multiple-award, indefinite-delivery, indefinite-quantity (IDIQ) contracts that are valued at less than $10 million. We dismiss the protest because our Office does not have jurisdiction to entertain protests of task orders issued under civilian agency multiple-award, indefinite-delivery, indefinite-quantity (IDIQ) contracts that are valued at less than $10 million. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of:  AMAR Health IT, LLC File:  B-414384.3 Date:  March 13, 2018 Hal J. Perloff, Esq., David P. Hendel, Esq., and Steven A. Neeley, Jr., Esq., Husch Blackwell LLP, for the protester. J. Patrick McMahon, Esq., William T. Welch, Esq., and Peter A. Fish, Esq., McMahon, Welch and Learned, PLLC, for Zolon Tech., Inc., the intervenor. Christine F. Simpson, Esq., Department of Health and Human Services, for the agency. Katherine I. Riback, Esq., and Amy B. Pereira, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest of the issuance of a task order conducted under Title 41 of the United States Code is dismissed where the task order is valued at less than $10 million. 2.  Protest is dismissed where GAO does not have jurisdiction to resolve a protest of a task order below $10 million dollars based on the allegation the agency "effectively terminated" protester's task order where the agency argues that the original task order (valued above $10 million) was not terminated, but lapsed. DECISION AMAR Health IT, LLC, of North Bethesda, Maryland, protests the issuance of a task order under request for quotations (RFQ) No. NIHM2017001GB, issued by the Department of Health and Human Services, National Institute of Health, to Zolon Tech., Inc. for information technology services for the processing of health-related journal manuscripts.  AMAR argues that the agency "effectively terminated" the task order that it had been awarded--which at the time exceeded our jurisdictional threshold, and then based on an improper evaluation, issued a task order to Zolon that fell below our jurisdictional threshold.  Protest at 9. We dismiss the protest because our Office does not have jurisdiction to entertain protests of task orders issued under civilian agency multiple-award, indefinite-delivery, indefinite-quantity (IDIQ) contracts that are valued at less than $10 million. The protester states that it was initially issued a task order under the solicitation valued at $13,992,733.80, and that, in response to a protest filed by Zolon, the agency issued a stop work order to AMAR pursuant to Federal Acquisition Regulation (FAR) clause 52.233-3.[1]  Protest, Tab B, Agency Stop Work Order (Feb. 23, 2017); AMAR's Response to Summary Dismissal Request at 2.  The agency announced that it would take corrective action in response to Zolon's protest, which included reviewing and amending the award "to ensure that the award decision is documented and reflects the solicitation."  Protest at 7-8.  Our Office dismissed the protest as academic (Zolon Tech., Inc., B-414384, Mar. 6, 2017 (unpublished decision)), and the agency, after completing the corrective action, affirmed the award to AMAR.  Id. at 8.  Zolon again protested the award to AMAR arguing that the agency did not evaluate its quotation consistent with the solicitation and failed to conduct adequate discussions.  In response, the agency again elected to take corrective action and our Office dismissed the protest.  Zolon Tech., Inc., B-414384.2, May 16, 2017 (unpublished decision).  As part of this corrective action, the agency conducted discussions with the vendors and requested final revised quotations.  Protest at 2.  According to the protester, the agency then evaluated final quotations and issued a task order to Zolon at a price of $6,321,615.88.  Id.