Tetra Tech, Inc. (7200AA21R00029)

B-420305.7 Nov 15, 2022 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Tetra Tech, Inc., of Pasadena, California, protests the decision of the U.S. Agency for International Development (USAID) to continue performance of a task order by Credence Management Solutions, LLC, of Vienna, Virginia, while the agency implements corrective action in response to a prior protest. The task order, issued pursuant to request for task order proposals (RFTOP) No. 7200AA21R00029, is for onsite, direct advisory and administrative institutional services to USAID's Global Health Bureau. The protester asserts that continued performance under the task order is improper because the task order is void ab initio. We deny 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: Tetra Tech, Inc. File: B-420305.7 Date: November 15, 2022 Robert Nichols, Esq., Michael Bhargava, Esq., and Madison Plummer, Esq., Nichols Liu LLP, for the protester. Samuel S. Finnerty, Esq., Katherine Burrows, Esq., and Lauren Brier, Esq., Piliero Mazza PLLC, for Credence Management Solutions, LLC, the intervenor. John B. Alumbaugh, Esq., and Eugene J. Benick, Esq., U.S. Agency for International Development, for the agency. Kenneth Kilgour, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that a task order is void ab initio is denied where the record does not support a finding that the task order issuance was made contrary to statute or regulation due to improper action by the contractor, or that the contractor had direct notice that the procedures followed violated statutory or regulatory requirements. DECISION Tetra Tech, Inc., of Pasadena, California, protests the decision of the U.S. Agency for International Development (USAID) to continue performance of a task order by Credence Management Solutions, LLC, of Vienna, Virginia, while the agency implements corrective action in response to a prior protest. The task order, issued pursuant to request for task order proposals (RFTOP) No. 7200AA21R00029, is for onsite, direct advisory and administrative institutional services to USAID’s Global Health Bureau. The protester asserts that continued performance under the task order is improper because the task order is void ab initio. We deny the protest. BACKGROUND USAID issued the RFTOP to firms holding the General Services Administration’s (GSA’s) One Acquisition Solution for Integrated Services (OASIS) unrestricted pool 1 contract. Prior Amended Protest, exh. A, RFTOP amend. 5 at 2. The solicitation contemplated the issuance of a cost-plus-award-fee task order with an estimated duration of 8 years. Id. at 10. The task order would be issued to the offeror whose proposal represented the best value to the agency, considering cost and the following four technical factors, listed in descending order of importance: technical approach, management structure and key personnel, organizational capacity, and past performance. Id. at 112-113. The technical factors were significantly more important than cost. Id. at 112. Tetra Tech submitted a timely proposal. Prior Amended Protest at 3. On June 10, Tetra Tech’s proposed subcontractor forwarded the protester a USAID email that reflected the award of a task order with a 7-year period of performance. Id. Tetra Tech protested the issuance of the task order, arguing that “USAID awarded the Task Order with a shortened period of performance without amending the Solicitation, violating a material solicitation requirement and a mandatory regulation.” Id. at 4. The protester argued that the agency’s actions prejudiced Tetra Tech by depriving it of an opportunity to compete on the basis of the changed requirement. Id. USAID advised GAO that it would take corrective action to cure the defective award of “the prior contract for a period of seven years at the proposed eight-year cost of the awardee.” Revised Corrective Action Notice at 2. The agency indicated that it would (1) issue an amended solicitation with a revised period of performance; (2) provide Tetra Tech, another protester, and the awardee the opportunity to submit revised proposals; (3) issue a new source selection decision after a reevaluation of the revised proposals; and (4) take any other actions that would maintain the integrity of the procurement process. Id. at 1. The agency also stated that it did not intend to stay or suspend the current award for the first 120 days of the corrective action period.[1] Id. at 2. This protest followed.[2] DISCUSSION Tetra Tech challenges Credence’s performance of the task order while USAID conducts corrective action because Tetra Tech argues the task order is void.