The MayaTech Corporation (75P00120R00117)

B-419313 Nov 09, 2020 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights The MayaTech Corporation, of Silver Spring, Maryland, protests the issuance of a task order to the National Opinion Research Center (NORC), of Chicago, Illinois, under request for task order proposals (RFTOP) No. 75P00120R00117, issued by the Department of Health and Human Services (HHS), for technical assistance and logistics support services. MayaTech argues that the agency failed to provide it with a fair opportunity to compete and improperly increased the scope of the underlying indefinite-delivery, indefinite-quantity (IDIQ) contract. We dismiss the protest for lack of jurisdiction. 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:  The MayaTech Corporation File:  B-419313 Date:  November 9, 2020 Jonathan D. Shaffer, Esq., and Todd M. Garland, Esq., Smith Pachter McWhorter PLC, for the protester. Kayleigh Scalzo, Esq., and  Michael Pierce, Esq., Covington & Burling, LLP, for National Opinion Research Center, the intervenor. Tami S. Hagberg, Esq., and Anthony E. Marrone, Esq., Department of Health and Human Services, for the agency. Young H. Cho, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest arguing that the agency improperly increased the scope of the underlying indefinite-delivery, indefinite-quantity (IDIQ) contract by failing to follow the evaluation criteria set forth in the request for task order proposals is dismissed because the Government Accountability Office does not have jurisdiction to review the matter; where the protester’s arguments reflect only its disagreement with the manner in which the agency evaluated the task order proposal and does not otherwise demonstrate that the task order is outside the scope of the underlying IDIQ contract. DECISION The MayaTech Corporation, of Silver Spring, Maryland, protests the issuance of a task order to the National Opinion Research Center (NORC), of Chicago, Illinois, under request for task order proposals (RFTOP) No. 75P00120R00117, issued by the Department of Health and Human Services (HHS), for technical assistance and logistics support services.  MayaTech argues that the agency failed to provide it with a fair opportunity to compete and improperly increased the scope of the underlying indefinite-delivery, indefinite-quantity (IDIQ) contract.  We dismiss the protest for lack of jurisdiction.  BACKGROUND The RFTOP, issued on July 6, 2020, under HHS’s Program Support Center (PSC) multiple-award IDIQ contract, sought professional resources to provide technical assistance and logistics support to the Office of Population Affairs.[1]  Agency Req. for Dismissal, exh. 1, RFTOP at 1, 3.  The RFTOP contemplated the award of a single time-and-materials task order with one 12-month base period and four 12-month option periods.  Award was to be made on a best-value tradeoff basis, considering the following technical evaluation factors, listed in descending order of importance:  personnel qualification and organizational capacity; technical approach; understanding the issues and scope of work; and section 508 compliance.[2]  Id. at 29, 49, 55-56.  The solicitation advised that the non-price evaluation factors when combined where significantly more important than the price factor.[3]  Id. at 56.  As originally issued, the solicitation stated that, with the exception of the section 508 compliance evaluation factor (which would be evaluated on an acceptable/unacceptable basis), the technical factors would be evaluated using a “point method” to assign a numerical rating of up to 100 points for technical proposals.  Id. at 56.  The solicitation was subsequently amended three times.  In amendment 1, the agency provided the distribution of points to be assigned to each of the technical factors.  Agency Req. for Dismissal, exh. 2, RFTOP amend. 1 at 2.  In amendment 2, among other things, the agency provided details about each evaluation factor and also stated that the agency would evaluate the technical proposals using a color/adjectival coded rating scheme.  Agency Req. for Dismissal, exh. 3, RFTOP amend. 2 at 5-8.  Finally, in amendment 3, the agency deleted the adjectival rating scheme for the technical factors.  Agency Req. for Dismissal, exh. 4, RFTOP amend.