![]() Task Order requirements are developed, solicited, awarded and administered all within the SeaPort Portal. “SeaPort” is the electronic procurement tool by which all Navy and Marine Corps contracting offices can obtain services through competitive and efficient means. All task orders issued under the contract are competitively solicited, awarded, and managed using the SeaPort NxG system. It uses a web-based electronic procurement system to facilitate performance-based service acquisition. The scope encompasses a wide variety of engineering and program management support services. In 2018, the Navy awarded the follow-on contract to SeaPort-e called Seaport NxG to provide direct support to the Navy. Corp., B-419265 (2020).To meet Sea Power 21 objectives and to increase overall efficiencies, the Naval Sea Systems Command (NAVSEA) established the Seaport Enhanced (SeaPort-e) indefinite delivery, indefinite quantity (IDIQ) multiple award contract (MAC) vehicle. If your company is considering submitting a protest, is the subject of a protest, or if you have any questions regarding the protest process, please contact Sam Finnerty or a member of PilieroMazza’s Government Contracts Group.ġ. As this case shows, a difference of $6,180 between the awarded amount and the threshold is all it takes for the GAO to dismiss a protest for lack of jurisdiction. As this case confirms, in order for GAO to have jurisdiction over a task order protest, it must first meet the applicable jurisdictional threshold, as determined only by the terms of the order itself. In addition, GAO explained that in the absence of specific evidence that the agency had in fact modified the contract, GAO had no basis to assess whether such a modification should be considered as part of the value of the task order for purposes of determining jurisdiction.Īny government contractor thinking of protesting a task order, or facing a protest, should take note of this decision. In rejecting this argument, GAO reiterated that the value of a task order for purposes of determining jurisdiction is the amount reflected in the order as awarded. GAO clarified that the value of a task order is based only on the terms of the order itself, and not the substantive merits of a protest.įinally, USIT claimed that the value of the task order should be considered higher because, based on discussions USIT had with the DLA, the task order may have been modified to include additional work. Again, GAO disagreed, explaining that USIT’s argument would require the issue of jurisdiction to be dependent on the merits of the protest. USIT also argued that the task order should have been determined to exceed the jurisdictional threshold because, according to USIT, in order to meet the technical requirements in the solicitation the awardee should have submitted a higher price quotation. GAO rejected this idea, stating that FAR 52.217-8 will only be considered part of the task order value if vendors are actually required to submit prices for the 6-month extension and if the procuring agency actually evaluates the option-neither of which occurred in USIT. First, USIT argued that because the solicitation included Federal Acquisition Regulation (FAR) clause 52.217-8 – Option to Extend Services, DLA should have included the value of that 6-month extension in the task order awarded price, which, according to USIT, would have caused the task order to exceed $25 million. USIT offered three separate arguments as to why the task order at issue met the $25 million threshold. In its decision, GAO clarified the scope of its task order protest jurisdiction and identified a number of arguments that cannot be used to circumvent the same. In an attempt to establish jurisdiction, USIT argued that the true value of the order at issue was higher than $25 million. In USIT, the Defense Logistics Agency (DLA) awarded a task order valued at $24,993,820 for the base period and all option periods. 1 Task order protests related to Department of Defense (DoD) procurements can only be filed with GAO if (1) the order at issue increases the scope, period, or maximum value of the contract under which it is issued or, as it relates to the subject case, (2) the order is valued in excess of $25 million (for civilian agencies, the threshold, with certain exceptions, is $10 million). Information Technologies Corporation (USIT) for lack of jurisdiction. On November 17, 2020, the Government Accountability Office (GAO) dismissed the post-award task order protest of U.S.
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