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B-414615,B-414615.2 1 (2017-07-12)

handle is hein.gao/gaobadtpd0001 and id is 1 raw text is: 



GAOU.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:   MINACT, Inc.

File:        B-414615; B-414615.2

Date:        July 12, 2017

Lindsay Simmons, Esq., Jackson Kelly PLLC, for the protester.
Dennis A. Adelson, Esq., Vijaya S. Surampudi, Esq., Department of Labor, for the
agency.
Mary G. Curcio, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

1. Incumbent protester is not eligible to compete for task order under indefinite-delivery,
indefinite-quantity (IDIQ) contingency contract, where agency did not exercise option to
extend services in incumbent contract, and contingency contract precludes incumbent
from receiving a task order under those circumstances.

2. Protest that agency issued a task order outside the scope of the IDIQ contract under
which it was issued is dismissed as untimely where protest was not filed until after the
closing date for offers.

3. Protest that agency intends to issue future solicitation as a small business set-aside
to preclude protester, which is a large business, from competing is dismissed as
premature where solicitation has not been issued.
DECISION

MINACT, Inc., of Jackson, Mississippi, protests the issuance of task order No. 1630J3-
17-T-00001 to Dynamic Educational Systems, Inc., of Phoenix, Arizona, under request
for quotations (RFQ) No. DOL-ETA-17-D-0005, issued by the Department of Labor
(DOL), for a vendor to operate the Finch Henry Job Corps Center in Batesville,
Mississippi. MINACT complains that the agency performed an unreasonable evaluation
of quotations, improperly issued the task order under the agency's indefinite-delivery,
indefinite-quantity (IDIQ) contingency contract, and improperly plans to conduct a future
procurement as a small business set-aside in retaliation for MINACT's filing the instant
protest.

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