Matter of: STPC, Inc. File: B-280441.2 Date: July 8, 1998
Highlights
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. 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. Or maximum value of the contract under which the order is issued. Each firm is guaranteed a minimum of $75. 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.
Matter of: STPC, Inc. File: B-280441.2 Date: July 8, 1998
DIGEST
Attorneys
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