BNUMBER: B-280441.2
DATE: July 8, 1998
TITLE: STPC, Inc., B-280441.2, July 8, 1998
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Matter of:STPC, Inc.
File:B-280441.2
Date:July 8, 1998
James R. Harris, Esq., Harris & Greenwell, L.L.P., for the protester.
Jerold D. Cohen, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST
GAO will not consider a protest alleging that an agency issued a task
order to a vendor that submitted an unacceptable task-order proposal
in a competition among firms holding indefinite-delivery,
indefinite-quantity contracts covering the work involved. The law
specifically provides that a protest is not authorized in connection
with the issuance of a task order except for a protest alleging that
the order increases the scope, period, or maximum value of the
contract under which the order is issued.
DECISION
STPC, Inc. protests the issuance of a task order to Southern
Contracting, Inc. to install new siding on certain housing units at
the Naval Air Station in Corpus Christi, Texas. We dismiss the
protest.
STPC, Southern, and two other firms hold indefinite-delivery,
indefinite-quantity contracts with the Small Business Administration
(SBA), awarded through the section 8(a) program, for construction,
renovations, alterations, and repair of Navy shore facilities located
in the south Texas area. The prime contract between the SBA and the
Navy (no. N62467-97-D-0964) provides that the four contractors compete
for task orders; each firm is guaranteed a minimum of $75,000 worth of
work. According to the protester, for the particular task order in
issue here, three of the four firms responded to the Navy's request
for task-order proposals, in which the agency specified a number of
technical evaluation criteria and advised that the lowest-priced
technically acceptable proposal would be selected. STPC protests that
Southern's lower-priced task-order proposal should have been found
unacceptable.
We will not review the Navy's selection of Southern for the work. The
law specifically provides that a protest is "not authorized" in
connection with the
issuance of a task order except for a protest alleging that the order
increases the scope, period, or maximum value of the contract under
which the order is issued.
10 U.S.C.A. sec. 2304c(d) (West Supp. 1998). STPC's protest therefore is
dismissed.
Comptroller General
of the United States