JSR, Inc. (FA4661-20-R-0001)

B-419110 Nov 02, 2020 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights JSR, Inc., a small business, of Schertz, Texas, protests the decision by the Department of the Air Force to exclude its proposal from the competition conducted under (RFP) No. FA4661-20-R-0001, which was issued for construction and design-build services. JSR argues that the agency improperly excluded its proposal based on its suspension from federal contracting because, the protester contends, the suspension and debarment provisions of the Federal Acquisition Regulation (FAR) do not apply to the award of indefinite-delivery, indefinite-quantity (IDIQ) contracts; the FAR provisions permit agencies to award new IDIQ contracts to suspended contractors; and the RFP's guaranteed minimum is insufficient to create a binding contract. We deny in part and dismiss in part the protest. 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:  JSR, Inc. File:  B-419110 Date:  November 2, 2020 Todd J. Canni, Esq., Matt Carter, Esq., and Dinesh Dharmadasa, Esq., Pillsbury Winthrop Shaw Pittman LLP, for the protester. Captain Seiji Ohashi, and Alexis J. Bernstein, Esq., Department of the Air Force, for the agency. Jonathan L. Kang, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest that the suspension and debarment provisions of the Federal Acquisition Regulation (FAR) do not apply to the award of indefinite-delivery, indefinite-quantity (IDIQ) contracts is denied.  2.  Protest that the provisions of FAR 9.405-1, which permit an agency to issue orders under an existing IDIQ contract that are below the minimum ordering guarantee to a suspended contractor, also permit an agency to award a new IDIQ contract to a suspended contractor, is denied where the protester’s interpretation is inconsistent with the plain language of the FAR. 3.  Protest that a solicitation for an IDIQ contract is invalid because the minimum guarantee is insufficient to create a binding contract is dismissed as untimely and also dismissed because the protester, a suspended contractor, is not an interested party to challenge the solicitation. DECISION JSR, Inc., a small business, of Schertz, Texas, protests the decision by the Department of the Air Force to exclude its proposal from the competition conducted under (RFP) No. FA4661-20-R-0001, which was issued for construction and design-build services.  JSR argues that the agency improperly excluded its proposal based on its suspension from federal contracting because, the protester contends, the suspension and debarment provisions of the Federal Acquisition Regulation (FAR) do not apply to the award of indefinite-delivery, indefinite-quantity (IDIQ) contracts; the FAR provisions permit agencies to award new IDIQ contracts to suspended contractors; and the RFP’s guaranteed minimum is insufficient to create a binding contract.  We deny in part and dismiss in part the protest. The Air Force issued the RFP on April 8, 2020, seeking proposals to provide construction and design-build services at Dyess Air Force Base, Texas.  Req. for Dismissal, attach. 2, RFP at 1.  The RFP anticipates the award of multiple IDIQ contracts.  Id. JSR submitted a proposal before the RFP closing date of May 29.  Protest at 6.  The Air Force evaluated proposals and prepared a source selection decision document (SSDD).  Req. for Dismissal, attach. 3, SSDD at 1.  On August 27, the contracting officer consulted the System for Award Management (SAM) to determine each offeror’s eligibility.  Id. at 22; Req. for Dismissal at 2.  The agency found that JSR had been suspended from federal contracting by the Small Business Administration (SBA) as of August 20, based on “pending criminal charges” against an individual.[1]  Req. for Dismissal, attach. 1, JSR SAM Entry at 3.  The Air Force notified JSR on August 28 that its proposal was excluded from the competition based on its suspension.  Protest, exh. A, Letter from Air Force to JSR, Aug. 28, 2020, at 1.  On September 2, JSR requested the Agency reconsider the exclusion.  Id., exh. B, Letter from JSR to Air Force, Sept. 2, 2020, at 1.  The contracting officer denied JSR’s request on September 4.  Id., exh. C, Letter from Air Force to JSR, Sept. 4, 2020, at 1.  The award decision was signed by the source selection authority on September 4.  Req. for Dismissal, exh.