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B-419110 1 (2020-11-02)

handle is hein.gao/gaobaebxs0001 and id is 1 raw text is: GAtOU.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to Decision a GAO Protective Order. This redacted version has been approved for public release. Matter of: JSR, Inc. File: B-419110 Date: November 2, 2020 Todd J. Canni, Esq., Matt Carter, Esq., and Dinesh Dharmadasa, Esq., Pillsbury Winthrop Shaw Pittman LLP, for the protester. Captain Seiji Ohashi, and Alexis J. Bernstein, Esq., Department of the Air Force, for the agency. Jonathan L. Kang, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that the suspension and debarment provisions of the Federal Acquisition Regulation (FAR) do not apply to the award of indefinite-delivery, indefinite-quantity (IDIQ) contracts is denied. 2. Protest that the provisions of FAR 9.405-1, which permit an agency to issue orders under an existing IDIQ contract that are below the minimum ordering guarantee to a suspended contractor, also permit an agency to award a new IDIQ contract to a suspended contractor, is denied where the protester's interpretation is inconsistent with the plain language of the FAR. 3. Protest that a solicitation for an IDIQ contract is invalid because the minimum guarantee is insufficient to create a binding contract is dismissed as untimely and also dismissed because the protester, a suspended contractor, is not an interested party to challenge the solicitation. DECISION JSR, Inc., a small business, of Schertz, Texas, protests the decision by the Department of the Air Force to exclude its proposal from the competition conducted under (RFP) No. FA4661-20-R-0001, which was issued for construction and design-build services. JSR argues that the agency improperly excluded its proposal based on its suspension from federal contracting because, the protester contends, the suspension and debarment provisions of the Federal Acquisition Regulation (FAR) do not apply to the award of indefinite-delivery, indefinite-quantity (IDIQ) contracts; the FAR provisions

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