Global Dynamics, LLC

B-417776 Oct 23, 2019 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Global Dynamics, LLC, a small business of Columbia, Maryland, protests the terms of task order proposal request (TOPR) No. FA2823-19-R-6022, issued by the Department of the Air Force for the provision of 11 health care workers to provide medical services at Eglin Air Force Base (AFB) Medical Treatment Facility Surgical Clinic. Global Dynamics argues that the TOPR is beyond the scope of its underlying indefinite-delivery, indefinite-quantity (IDIQ) contract and that the agency failed to provide it a fair opportunity to compete for the task order. We deny the protest in part and dismiss it in part. View Decision 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:  Global Dynamics, LLC File:  B-417776 Date:  October 23, 2019 Edward J. Tolchin, Offit Kurman Attorneys At Law, for the protester. Colonel Patricia S. Wiegman-Lenz, Heather M. Mandelkehr, Esq., Rachell Reilly, Esq., and Alexis J. Bernstein, Esq., Department of the Air Force, for the agency. Christopher Alwood, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest that task order proposal request for medical services exceeds the scope of the underlying multiple-award indefinite-delivery, indefinite-quantity contracts is denied where the record shows that services were reasonably encompassed within the contract’s scope of work. 2.  GAO lacks jurisdiction to consider protest alleging that the agency improperly denied the protester a fair opportunity to compete for a task order, where value of the task order is less than $25 million. DECISION Global Dynamics, LLC, a small business of Columbia, Maryland, protests the terms of task order proposal request (TOPR) No. FA2823-19-R-6022, issued by the Department of the Air Force for the provision of 11 health care workers to provide medical services at Eglin Air Force Base (AFB) Medical Treatment Facility Surgical Clinic.  Global Dynamics argues that the TOPR is beyond the scope of its underlying indefinite-delivery, indefinite-quantity (IDIQ) contract and that the agency failed to provide it a fair opportunity to compete for the task order.  We deny the protest in part and dismiss it in part.  BACKGROUND On October 23, 2017, the Defense Health Agency (DHA) awarded 36 IDIQ contracts, including one to Global Dynamics, pursuant to request for proposals (RFP) No. HT0050‑16‑R‑0001 for medical professional staffing services, otherwise known as medical “Q” code services (MQS).  Agency Report (AR), Tab 8, DHA MQS Acquisition Contract Awardees; Contracting Officer’s Statement (COS) at 2.  The scope of work for the MQS IDIQ contracts was limited to providing full-time equivalent health care workers to identified Department of Defense medical treatment facilities.  AR, Tab 6, IDIQ RFP at 34.  The IDIQ solicitation required that contractors would provide health care workers from four specific market segments:  physician services, dental services, ancillary services, and/or nursing services.  Id. at 33-34.  Offerors could, but were not required to, submit proposals for all four market segments.  Id. at 124.  The solicitation stated that awardees would receive one contract to encompass all market segments in which they were found to offer the best value to the government.  Id.  Global Dynamics submitted a proposal for both the nursing and ancillary services market segments, but was awarded an MQS IDIQ contract only for ancillary services.  COS at 3. On July 9, 2019, the Air Force[1] issued TOPR No. FA2823-19-R-6022[2] seeking 11 full-time equivalent healthcare workers to staff the Eglin AFB Medical Treatment Facility Surgical Clinic.  COS at 5; AR, Tab 14, TOPR at 1-2.  The TOPR set the deadline for receipt of proposals as July 19, 2019.  AR, Tab 14, TOPR at 7.  As relevant here, the services required by the TOPR were to be provided from both the ancillary services and nursing services market segments.  Id. at 9.  Each of the health care worker positions required under the TOPR was of a labor category specified in the IDIQ solicitation.  Compare Id.