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A-,G A O0 Comptroller General
& Z Accountability * Integrity * Reliability of the United States
United States Government Accountability Office
Washington, DC 20548
Decision
Matter of: Kevcon, Inc.
File: B-406418
Date: March 7, 2012
William L. Bruckner, Esq., Bruckner & Walker, LLP, for the protester.
David G. Fagan, Esq., Department of Veterans Affairs, for the agency.
Jonathan L. Kang, Esq., and James A. Spangenberg, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
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.
DECISION
Kevcon, Inc. protests the rejection of its quotation by the Department of Veterans
Affairs (VA) under task order solicitation No. VA-260-1 1 -RP-1 516, for design-build
services for the renovation of building B100, Ward 6E Oncology, at the VA Puget
Sound Health Care System.
We dismiss the protest.
Kevcon was awarded one of the multiple indefinite-delivery/indefinite-quantity
(ID/IQ) contracts by the VA for maintenance, repair, and construction at six
locations. As relevant here, the ID/IQ contract awarded to Kevcon provided that
[t]he total of individual task orders placed against this contract shall not exceed
$22,500,000. Protest, attach. A, ID/IQ Contract, at 1.
On August 23, 2011, the VA issued the task order solicitation to vendors. Kevcon
submitted its quotation by the closing date of September 13. On February 1, 2012,
the agency advised the protester that it was not eligible to receive the award, or to
compete for any future task orders under the ID/IQ contract, because the protester
had been issued task orders for the maximum value set forth for its ID/IQ contract.
Protest, attach. C, Letter from VA to Kevcon (Feb. 1, 2012), at 1.](ViewImageLocal?handle=hein.gao/gaobadopv0001&div=1&collection=&method=preview&ext=.png&size=3)