Magnum Multimedia ()

B-420227 Nov 02, 2021 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Magnum Multimedia of Herndon, Virginia, protests the Department of Labor's (DOL) issuance of task order No. 1605TA21F00080 for enterprise web support services to Insignia Federal Group, LLC, of McLean, Virginia, pursuant to indefinite-delivery, indefinite-quantity (IDIQ) contract No. 1605DC-18-D-0007. The protester contends that the activities being performed under the task order, and the modification of the underlying IDIQ contract allegedly for the purpose of issuing the task order, are beyond the scope of the underlying IDIQ contract. We dismiss the protest as untimely. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. The entire version has been approved for public release. Decision Matter of:  Magnum Multimedia File:  B-420227 Date:  November 2, 2021 Isaias “Cy” Alba, IV, Esq., Katherine B. Burrows, Esq., Lauren R. Brier, Esq., and Meghan F. Leemon, Esq., PilieroMazza PLLC, for the protester. Jon W. Burd, Esq., Wiley Rein LLP, for Insignia Federal Group, LLC, the intervenor. Robert Proudfoot, Esq., and Jose Otero, Esq., Department of Labor, for the agency. April Y. Shields, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that task order requirements are beyond the scope of the underlying indefinite-delivery, indefinite-quantity contract is dismissed as untimely where it was not filed within 10 days of when the protester knew, or should have known, of the basis for its protest. DECISION Magnum Multimedia of Herndon, Virginia, protests the Department of Labor’s (DOL) issuance of task order No. 1605TA21F00080 for enterprise web support services to Insignia Federal Group, LLC, of McLean, Virginia, pursuant to indefinite-delivery, indefinite-quantity (IDIQ) contract No. 1605DC-18-D-0007.  The protester contends that the activities being performed under the task order, and the modification of the underlying IDIQ contract allegedly for the purpose of issuing the task order, are beyond the scope of the underlying IDIQ contract. We dismiss the protest as untimely. BACKGROUND The undisputed facts are as follows.  The procurement at issue here involves two separate IDIQ contracts:  the one awarded to Insignia in 2018, referenced above, and one awarded to Magnum in 2016 (DOL-OPS-16-D-0015).  Under Magnum’s contract, the protester provided enterprise web support services to the agency’s Office of the Chief Information Officer.  This contract was set to expire in September 2021.  Protest at 4-5. On August 25, prior to the expiration of Magnum’s contract, the Magnum program manager contacted an agency employee who was the contracting officer’s representative for the Insignia contract, asking about the status of the work that was, at that time, being performed by the protester.  That same day, the agency employee responded: Unfortunately I don’t have any information about [Magnum’s] contract other than we’re combining the Task Orders providing Web Services Support against expiring [contract] DOL-OPS-16-D-0015 with Magnum Multimedia into (1) New Task Order against the Insignia IDIQ 1605DC-18-D-0007.  The start of the new task order is 09/16/2021. Agency Resp. to Intervenor’s Req. for Dismissal, exh. 1, Emails Between Magnum and Agency, at 2. Following receipt of the agency’s August 25 email, Magnum took several actions in August and September.  Also on August 25, the Magnum program manager contacted another agency employee who was the federal program manager in the agency’s Office of the Chief Information Officer, seeking more information about the agency’s decision.  They had a meeting the next day, on August 26, which, according to the agency employee, occurred as follows: During the call, I myself told [the Magnum program manager] that DOL had decided to combine all work being performed under Magnum’s IDIQ (with minor and limited exceptions) into a new Task Order to be issued on the Insignia IDIQ contract 1605DC-18-D-0007. It was clear to me from [the Magnum program manager’s] statements during that meeting that she clearly understood DOL’s decision.  She did not express any confusion about DOL’s direction and she instead focused on determining next steps to implement transition out activities, including whatever staff transition activities Magnum believed were appropriate. In short, [the Magnum program manager] knew, as of August 25, 2021, that except for very few and limited exceptions, DOL would not extend the Magnum IDIQ contract and related task orders and that the work would be ordered by DOL under the existing Insignia IDIQ. Agency Resp. to Intervenor’s Req. for Dismissal, exh.