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![handle is hein.gao/gaocrptajnn0001 and id is 1 raw text is:
tGAO
United States General Accounting Office
Washington, DC 20548
Comptroller General
of the United States
Decision
Matter of: Corel Corporation
File:
Date:
B-283862
November 18, 1999
DIGEST
Statutory restriction set forth at 41 U.S.C. § 253j(d) (1994) precludes the review by
General Accounting Office of a bid protest challenging the propriety of a delivery
order issued under an indefinite -delivery, indefinite -quantity contract, regardless of
the propriety of the issuing agency's underlying determination or conduct.
DECISION
Corel Corporation protests the issuance of a delivery order to Government
Technologies Services, Inc. (GTSI) by the Department of Labor, for certain Microsoft
Co rpo ratio n pro ducts.
We dismiss the protest.
The record reflects that the delivery order was issued by the Department of Labor
under indefinite-delivery, indefinite -quantity contract No. NIH263-97-D-0311,
operated by the National Institutes of Health (NIH), Department of Health & Human
Services.
The Department of Labor (DOL) argues that our Office cannot consider the protest
because 41 U.S.C. § 253j(d) (1994) provides that [a] protest is not authorized in
connection with the issuance or proposed issuance of a task or delivery order except
for a protest on the ground that the order increases the scope, period, or maximum
value of the contract under which the order is issued. See also Federal Acquisition
Regulation § 16.505(a)(7).
The protester responds that our Office should consider the protest because DOL's
determination to purchase Microsoft products under the NIH contract is tantamount
to an improper procurement of the Microsoft products on a sole source basis. In this](ViewImageLocal?handle=hein.gao/gaocrptajnn0001&div=1&collection=&method=preview&ext=.png&size=3)