ASG Solutions Corporation- dba American Systems Group (N6945023R3004)

B-421828 Oct 26, 2023 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights American Solutions Corporation d/b/a American Systems Group (ASG), of San Diego, California, protests the terms of task order request for proposals (TORP) No. N69450-23-R-3004, issued by the Department of the Navy, to provide technical and management support services at Guantanamo Bay, Cuba. ASG asserts that the services sought under the TORP are beyond the scope of the indefinite-delivery, indefinite-quantity (IDIQ) contract under which the TORP was issued. Protest at 1-2, 9. We dismiss the protest. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. The entire decision has been approved for public release. Decision Matter of: American Systems Group File: B-421828 Date: October 26, 2023 Ritobrata Banerjee, American Systems Group, and David S. Demain, Esq., Finch, Thornton, and Baird, LLP, for the protester. Javier E. Gonzalez, Esq., and Edna Tejeda-Oyola, Esq., Department of the Navy, for the agency. Glenn G. Wolcott, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest of a task order solicitation on the basis that the services being procured are beyond the scope of the underlying indefinite-delivery, indefinite-quantity (IDIQ) contract is dismissed as outside GAO’s bid protest jurisdiction where the protester holds an IDIQ contract and does not demonstrate competitive prejudice. DECISION American Solutions Corporation d/b/a American Systems Group (ASG), of San Diego, California, protests the terms of task order request for proposals (TORP) No. N69450-23-R-3004, issued by the Department of the Navy, to provide technical and management support services at Guantanamo Bay, Cuba. ASG asserts that the services sought under the TORP are beyond the scope of the indefinite-delivery, indefinite-quantity (IDIQ) contract under which the TORP was issued. Protest at 1-2, 9.[1] We dismiss the protest. BACKGROUND In June 2019, the agency issued solicitation No. N00178-18-R-7000, seeking proposals for the award of multiple IDIQ contracts (referred to as “Seaport Next Generation” or “Seaport-NxG” contracts) to perform a wide variety of services.[2] ASG was one of over 2,400 offerors that received Seaport‑NxG contracts. Id. at 2; see Memorandum of Law (MOL) at 1-2. The solicitation provided that, pursuant to the Seaport-NxG contracts, task orders would subsequently be issued in two areas--engineering services and program management services--and further divided these areas into 23 subcategories. AR, Tab 1, Seaport-NxG RFP at 9. On June 20, 2023, the agency issued TORP No. N69450-23-R-3004 as un unrestricted task order solicitation under the Seaport-NxG contracts. AR, Tab 2, TORP. The TORP sought “two (2) Construction Engineering Technicians (ETs) with options for up to 10 additional Construction ETs and up to nine (9) Construction Managers (CMs)” to provide support services for the Navy’s Facilities Engineering Acquisition Division at Guantanamo Bay, Cuba.[3] Id. at 5. The TORP provided that award will be made to the offeror whose proposal offers the best value to the government based on price and non‑price evaluation factors. Id. at 123-124. The closing date for submission of proposals was July 25, 2023. DISCUSSION On July 20, ASG filed this protest complaining that the services sought under the TORP are beyond the scope of the underlying Seaport-NxG contracts. Protest at 1. More specifically, ASG asserts that the services contemplated under the Seaport‑NxG contracts do not extend to services performed by “construction professional[s].” Id. at 12-13. Accordingly, ASG maintains that the TORP requirements should be competed as a separate procurement, subject to the provisions of the small business programs in part 19 of the Federal Acquisition Regulation (FAR). In this context, ASG asserts that the evaluated price of ASG’s proposal under a separate procurement would benefit from application of a 10 percent HUBZone (Historically Underutilized Business Zone) preference in accordance with FAR section 19.1307. Id. at 28. Based on its assertion of entitlement to a HUBZone preference under a separate procurement, ASG maintains that it has established competitive prejudice flowing from the allegedly out-of-scope requirements of the TORP. Id. In responding to ASG’s protest, the agency maintains that the statements of work in the Seaport-NxG contracts reasonably extend to the construction-related services sought under this TORP.[4] Moreover, as a threshold matter, the agency maintains that ASG’s protest challenges matters outside of GAO’s bid protest jurisdiction.