A. Prentice Ray & Associates, LLC ()

B-421470,B-421470.2,B-421470.3 May 24, 2023 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights A. Prentice Ray & Associates, LLC (APRA), an 8(a) certified, woman-owned small business located in Washington, DC, protests the decision by the Department of State (DOS) to issue task order No. 19AQMM23F0657 to Cherokee Nation System Solutions, LLC (CNSS), a tribal 8(a) certified small business, located in Tulsa, Oklahoma. The task order was issued under CNSS's indefinite-delivery, indefinite-quantity (IDIQ) contract No. 19AQMM20D0126 to provide continuing staffing support services. APRA alleges that the task order is outside the scope of the underlying IDIQ contract and that the task order was issued as an attempt to circumvent the automatic stay of performance that was triggered by a prior APRA protest, B-421248.3. 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 version has been approved for public release. Decision Matter of: A. Prentice Ray & Associates, LLC File: B-421470; B-421470.2; B-421470.3 Date: May 24, 2023 Devon E. Hewitt, Esq., Potomac Law Group, PLLC, for the protester. John W. Cox, Esq., and Kathleen D. Martin, Esq., Department of State, for the agency. Paula A. Williams, Esq., and Evan D. Wesser, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest alleging that task order for staffing support services is out of scope of an indefinite-delivery, indefinite-quantity contract is denied where the underlying contract provides for a wide range of services and the scope of work is not limited to the particular labor categories identified as examples in the underlying contract. DECISION A. Prentice Ray & Associates, LLC (APRA), an 8(a) certified, woman-owned small business located in Washington, DC, protests the decision by the Department of State (DOS) to issue task order No. 19AQMM23F0657 to Cherokee Nation System Solutions, LLC (CNSS), a tribal 8(a) certified small business, located in Tulsa, Oklahoma.[1] The task order was issued under CNSS’s indefinite-delivery, indefinite-quantity (IDIQ) contract No. 19AQMM20D0126 to provide continuing staffing support services. APRA alleges that the task order is outside the scope of the underlying IDIQ contract and that the task order was issued as an attempt to circumvent the automatic stay of performance that was triggered by a prior APRA protest, B-421248.3.[2] We deny the protest.[3] BACKGROUND Procurement History The relevant background to the protest here begins with DOS’s issuance, on July 26, 2022, of request for proposals (RFP) No. 19AQMM22R0221 as a competitive 8(a) set-aside, pursuant to the procedures of FAR subpart 16.5. The RFP was assigned North American Industrial Classification System (NAICS) code 541990, All Other Professional, Scientific and Technical Services (primary); NAICS code 541611, Administrative Management and General Management Consulting Services; and NAICS code 541330, Engineering Services. See B-421248.3, AR Exh. 2, RFP at 49. The RFP encompasses the wide variety of services required by the agency’s Bureau of Administration, Office of Operations (OPR). Contracting Officer’s Statement and Memorandum of Law (COS/MOL) at 6; see B-421248.3, AR Exh. 7, RFP amend. 0001, Question and Answers No. 1. The RFP consolidates services under three IDIQ contracts being performed by three different contractors under separate contracts into a single comprehensive contract vehicle. Id. As is relevant to this protest, APRA is an incumbent contractor currently providing staffing support services under its IDIQ contract No. 19AQMM20D0117 for the agency’s Office of Real Property Management (RPM). Web Traits, Inc. (Web Traits), is another incumbent contractor providing RPM services under its IDIQ contract No. 19AQMM21D0161, which also includes interior design services and senior project management services related to the renovation of various DOS facilities. Cherokee Nation 3S, LLC (Cherokee Nation) is the third incumbent contractor providing services under its IDIQ contract No. SAQMMA17D0105 for the agency’s Office of Facilities Management Services (FMS), including service call desk support, loading dock operations, administrative services, and maintenance inspections. See B-421248.3, Electronic Protest Docketing System (Dkt). No. 9, Partial CICA Stay Override Determination and Findings (D&F) at 2-3. The agency issued the RFP to obtain technical, administrative, and professional staffing services to support several DOS offices under the purview of OPR.[4] The RFP anticipated that the contractors will perform various services such as real property management, facilities management, industrial design, construction, commissioning, space management, administration, logistics, budget and finance, information technology, and project management.