Link: GAO Decision
Protestor: Kevcon, Inc.
Agency: Department of Veterans Affairs
Disposition: Protest Dismissed.
Challenge to the protester’s exclusion from a task order competition conducted under Title 41 of the U.S. Code is dismissed where the task order is valued at less than $10 million.
General Counsel P.C. Highlight:
Kevcon, Inc. protested the rejection of its quotation under a task order solicitation for design-build services for the renovation of a building at the VA Puget Sound Health Care System. Kevcon had been awarded one of multiple ID/IQ contracts for maintenance, repair, and construction at six locations; Kevcon’s contract had provided that the total of its individual task orders could not exceed $22,500,000. After timely submitting a quotation for the present solicitation, Kevcon was informed it was not eligible, as it had been issued task orders for the maximum value set forth in its ID/IQ contract.
Kevcon first protested to the agency, arguing that the VA had unreasonably concluded that it was ineligible to receive awards under the ID/IQ contract. After that protest was denied, Kevcon protested to the GAO. The GAO dismissed the protest, finding that it did not have jurisdiction to consider protests concerning task orders under ID/IQ contracts valued at less than $10 million, unless the protest is challenging the scope, period, or maximum value of the underlying contract. The GAO rejected Kevcon’s argument that it had jurisdiction because the task order solicitation was issued prior to the reinstatement of the $10 million threshold, noting that the relevant date is instead the date the protest was filed.
Where an offeror objects to a task order solicitation under an ID/IQ contract, based on current statutory limitations, the offeror will not be able to protest to the GAO unless the value of the task order exceeds $10 million. However, if the offeror’s objections to the task order solicitation relate to the scope, period, or maximum value of the solicitation, they may proceed with a protest.