B-400227, Systems Research and Applications Corporation, July 21, 2008
Where protest challenges the issuance of a task order that occurred prior to the effective date of the provision of the National Defense Authorization Act of Fiscal Year 2008 that provides statutory authority for this Office to review protests challenging task orders, the applicable provisions of the Federal Acquisition Streamlining Act of 1994 preclude this Office’s consideration of the protest.
Systems Research and Applications Corporation (SRA) protests the General Services Administration’s (GSA) issuance of a task order to Science Applications International Corporation (SAIC) to provide various information technology (IT) services. SRA protests that SAIC has various conflicts of interest, that SRA and SAIC were not treated equally, that the agency misled SRA regarding its proposed cost/price, and that the agency misevaluated various aspects of SRA’s proposal.
GSA seeks dismissal of SRA’s protest on the ground that protests challenging task orders that are issued pursuant to indefinite-delivery/indefinite-quantity (ID/IQ) contracts are precluded by the Federal Acquisition Streamlining Act of 1994 (FASA), 41 U.S.C. sect. 253(j) (2008). In response, SRA argues that the protest is authorized by the recent enactment of section 843 of the National Defense Authorization Act of Fiscal Year 2008 (NDAA), Pub. L. 110-181, 122 Stat. 3, 236‑39 (2008).
As discussed below, the record establishes that the task order at issue was awarded prior to the effective date of the NDAA; accordingly, the provisions of FASA control this matter, and we dismiss the protest for lack of jurisdiction.
Pursuant to FASA, a task order award may only be protested in certain limited situations. Specifically, FASA states:
A protest is not authorized in connection with the issuance or proposed issuance of a task or delivery order except for a protest on the ground that the order increases the scope, period, or maximum value of the contract under which the order is issued.[]
41 U.S.C. sect. 253j(d) (2008).
The record shows that, in December 2007, GSA issued task
order request (TOR) No. GSC-TFMG-08-31980 under GSA’s Millennia Government Wide
Acquisition Contract (GWAC),
seeking proposals to provide support for various U.S. Army information
technology systems. As amended, the TOR
required offerors to submit final proposals by
The record further shows that GSA’s contracting officer
made the requisite best value determination on
On May 27, the agency notified SRA of the task order award. This protest followed. Based on the fact that the agency did not notify SRA of the task order award until May 27, the effective date of the NDAA, SRA maintains that its protest challenging the agency’s task order award is authorized by the NDAA’s amendment of FASA regarding protest jurisdiction. We disagree.
As noted above, FASA generally precludes this Office’s consideration
of protests challenging an agency’s issuance of task orders under ID/IQ
contracts when the task orders are issued prior to
Based on the record discussed above, we conclude that the
task order protested by SRA was awarded and transmitted to SAIC no later than
The protest is dismissed.
Gary L. Kepplinger
 There is no dispute that SRA’s protest does not raise any of the issues that would authorize consideration under FASA.
 We note that FASA refers to the “issuance” of a task order, and the provision of the NDAA identifying the effective date of that Act refers to a task order “awarded” after a particular date. For purposes of this decision, we view the two terms as synonymous.
 The Millennia GWAC consists of several ID/IQ contracts held by various contractors, including SRA and SAIC.
 Although GSA Form 300 lists a total funded task order amount of only $5,710,866, section B of the task order itself lists a “GRAND TOTAL ALL CLINS” of $454,436,158, and provides for incremental funding of the task order, stating that additional funding will be made incrementally “up to the maximum of $454,436,158 over the performance period of this TO [task order].” Task Order No. GST0008AJM087 at B‑13, B-14.