American Systems Group (N33191-20-R-3001)

B-418469 Apr 07, 2020 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights ASG Solutions Corporation d/b/a American Systems Group (ASG), of San Diego, California, protests the terms of task order request for proposal (TORP) No. N33191-20-R-3001, issued by the Department of the Navy for an engineering technician assistant. The protester asserts that the services sought under the TORP are beyond the scope of the indefinite-delivery, indefinite-quantity (IDIQ) contract under which the TORP was issued. We dismiss the protest. View Decision Decision Matter of:  American Systems Group File:  B-418469 Date:  April 7, 2020 Ritobrata Banerjee, for the protester. Geoffrey Chun, Esq., Department of the Navy, for the agency. Mary G. Curcio, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that services requested under a task order solicitation are outside the scope of the underlying multiple-award contract is dismissed where the protester cannot demonstrate prejudice.    DECISION   ASG Solutions Corporation d/b/a American Systems Group (ASG), of San Diego, California, protests the terms of task order request for proposal (TORP) No. N33191-20-R-3001, issued by the Department of the Navy for an engineering technician assistant.  The protester asserts that the services sought under the TORP are beyond the scope of the indefinite-delivery, indefinite-quantity (IDIQ) contract under which the TORP was issued. We dismiss the protest. On June 1, 2018, the agency issued solicitation No. N00178-18-R-7000 for the Seaport-Next Generation IDIQ multiple-award contract for engineering, technical, and programmatic support services.  IDIQ Solicitation at 1, 7.  The solicitation provided that task orders would be issued under the IDIQ contract for two areas of support--engineering services and program management services.  Id. at 7, 8.  The solicitation further divided these areas of support into 23 functional areas.  Id.  Offerors were required to submit a technical proposal which demonstrated experience performing some effort related to at least one of the areas identified by the scopes of work.  Id. at 62.  Technical proposals were evaluated as acceptable or unacceptable.  Id.  Price was not evaluated.  Id.  The solicitation provided that the government would make an award to all qualifying offerors.  Id.  A qualifying offeror was defined as a responsible offeror that submitted a technical proposal that was rated acceptable, and was likely to offer fair and reasonable pricing.  Id.  ASG was awarded a Seaport-Next Generation IDIQ contract.  On January 15, 2020, the Navy issued TORP No. N33191-20-R-3001, to holders of the Seaport-Next Generation IDIQ contract, for an engineering technician to assist the Naval Facilities Engineering Command in monitoring construction contracts.  RFQ at 1‑2.  Proposals were due on February 14.  Id. at 1.  On February 14, ASG protested to our Office that the TORP was seeking services that were outside the scope of the IDIQ contract under which it was issued.  ASG specifically argues that the IDIQ contract does not encompass the award of a contract for construction professional services.  Protest at 6-9.  The agency asserts in response that the services requested are within the scope of the IDIQ contract.  Req. for Dismiss at 5-7.  The agency also argues that ASG is not prejudiced because it can submit a proposal in response to the TORP.  Id. at 8-9.[1] Under the Federal Acquisition and Streamlining Act of 1994, as modified by the National Defense Authorization Act for Fiscal Year 2017, our Office is authorized to hear protests of task orders that are issued under multiple-award contracts established within defense agencies (or protests of the solicitations for those task orders) where the task order is valued in excess of $25 million, or where the protester asserts that the task order increases the scope, period, or maximum value of the contract under which the order is issued.[2]  10 U.S.C. § 2304c(e)(1); see also Threat Mgmt. Grp., LLC, B-413729, Dec. 21, 2016, 2017 CPD ¶ 9 at 1-2 n.1.  The Competition in Contracting Act (CICA) requires agencies to obtain “full and open competition” in procurements through the use of competitive procedures.  41 U.S.C. § 3301(a); see also 10 U.S.C. § 2304(a).  Task orders that are outside the scope of the underlying multiple-award contract are subject to the statutory requirement for full and open competition set forth in CICA, absent a valid determination that the work is appropriate for procurement on a sole-source basis or with limited competition.  10 U.S.C. § 2305(a)(1)(A)(i); 41 U.S.C. § 3301; see DynCorp Int’l LLC, B-402349, Mar.