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B-402280 1 (2010-01-19)

handle is hein.gao/gaobadbdi0001 and id is 1 raw text is: G A 0 Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: LaBarge Products, Inc. File: B-402280 Date: January 19, 2010 John M. Heida, Esq., for the protester. Debra Talley, Esq., Department of the Army, for the agency. Cherie J. Owen, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protester's challenge to the issuance of a delivery order valued under $10 million-- and hence outside the jurisdiction of GAO's bid protest forum to hear protests involving task and delivery orders--is dismissed. 2. Protester's contention that a delivery order was outside the scope of the underlying indefinite-delivery/indefinite-quantity (ID/IQ) contract against which the order was issued--and hence is eligible for consideration under the statutory exemption to the bar on our jurisdiction available when a protester alleges that the order increased the scope, period, or maximum value of the ID/IQ contract under which the order is issued--is dismissed where the protester itself holds one of the underlying ID/IQ contracts; this exemption is not for aggrieved competitors for the issuance of the order, but for other entities, who, because they do not hold one of the underlying ID/IQ contracts, were not allowed to compete for what is, in essence, a new procurement which improperly circumvented the competition requirements of the Competition in Contracting Act of 1984. DECISION LaBarge Products, Inc., of Saint Louis, Missouri, protests the Department of the Army's issuance of a delivery order for fuel and water pump assemblies, valued at $2,411,342.40, to DRS Sustainment Systems, Inc. LaBarge alleges that the pumps quoted by the winning vendor will not meet the specifications set forth in the delivery order, and contends that the agency impermissibly changed the scope of the underlying contract by allowing the awardee's pumps to be used with the Army's Assault Hoseline System--a system with which LaBarge claims only its pumps are compatible. Protest at 3-4.

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