Adams and Associates, Inc.
Case: B-417249
Agency: Department of Labor
Protester: Adams and Associates, Inc.
Date: 2019-02-26
Dismissed
B-417249
Feb 26, 2019
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Highlights
Adams and Associates, Inc., of Reno, Nevada, protests the decision of the Department of Labor (DOL) to obtain services for the operation of the Woodstock Job Corps Center and Career Transition Services in Woodstock, Maryland, under a multiple award, indefinite-delivery, indefinite-quantity (IDIQ) contract. Adams, the incumbent contractor for the services at issue, asserts that the proposed task order is beyond the scope of the underlying IDIQ contract. The protester also alleges that DOL's selection of the specific IDIQ contract is tainted by bad faith because DOL selected the contract vehicle because Adams is ineligible to compete for the task order.
We dismiss the protest.
We dismiss the protest.
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DOCUMENT FOR PUBLIC RELEASE
The decision issued on the date below was subject to a GAO Protective Order. This version has been approved for public release.
Decision
Matter of: Adams and Associates, Inc.
File: B-417249
Date: February 26, 2019
Katie A. Calogero, Esq., Anne B. Perry, Esq., and Ariel E. Debin, Esq., Sheppard, Mullin, Richter & Hampton LLP, for the protester.
Jose Otero, Esq., and Dennis A. Adelson, Esq., Department of Labor, for the agency.
Evan D. Wesser, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest alleging that a proposed task order is outside of the scope of the underlying indefinite-delivery, indefinite-quantity (IDIQ) contract is dismissed where the protester effectively challenges the agency’s decision not to exercise an available option on its incumbent contract, and therefore raises a matter of contract administration not for our consideration as part of our bid protest function.
2. Protest alleging that the agency’s selection of a contract vehicle was made in bad faith is dismissed because the protester’s allegation involves the proposed award of a task order valued at less than $10 million, and therefore the protest is outside of our Office’s jurisdiction to consider protests of the award or proposed award of a task order under an IDIQ contract.
DECISION
Adams and Associates, Inc., of Reno, Nevada, protests the decision of the Department of Labor (DOL) to obtain services for the operation of the Woodstock Job Corps Center and Career Transition Services in Woodstock, Maryland, under a multiple award, indefinite-delivery, indefinite-quantity (IDIQ) contract. Adams, the incumbent contractor for the services at issue, asserts that the proposed task order is beyond the scope of the underlying IDIQ contract. The protester also alleges that DOL’s selection of the specific IDIQ contract is tainted by bad faith because DOL selected the contract vehicle because Adams is ineligible to compete for the task order.
We dismiss the protest.
BACKGROUND[1]
The Woodstock Job Corps Center and Career Transition Services provides academic, career technical, career success skills, career development training, and related support services for approximately 300 residential students and additional nonresidential students. Request for Quotations (RFQ) at 3. In addition to providing the above services, DOL’s contractor operating the Woodstock facility also provides residential and other services to the students. Id. Adams has been the incumbent contractor for the operation of the Woodstock facility since 1994. Protest at 2. Adams’ current contract to operate the Woodstock facility was due to expire on January 31, 2019, although DOL had the option to exercise an additional six-month option pursuant to Federal Acquisition Regulation (FAR) clause 52.217-8. Id.
On August 16, 2018, DOL issued request for proposals No. 1630J2-18-R-00007 for the follow-on operation of the Woodstock facility. Id. On December 27, DOL announced that award had been made to Management and Training Corporation, of Centerville, Utah. Adams filed a protest with our Office challenging the follow-on award, which was docketed as B‑417239. On February 11, 2019, the agency notified our Office of its intent to take corrective action in response to the protest. Based on DOL’s proposed corrective action, we dismissed the protest as academic. Adams and Assocs., Inc., B‑417239, Feb.
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