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B-284165 1 (2000-03-01)

handle is hein.gao/gaocrptakzv0001 and id is 1 raw text is: t)Comptroller General of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: Ocuto Blacktop & Paving Company, Inc. File: B-284165 Date: March 1, 2000 Stephen L. Walthall, Esq., Kelly & Walthall, for the protester. Dawn G. Phillips, Esq., and Frances S. Higgins, Esq., Army Corps of Engineers, for the agency. Ralph 0. White, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. The statutory limitation on General Accounting Office bid protest jurisdiction over challenges to the award of a task order under an indefinite-delivery/indefinite- quantity (ID/IQ) contract does not apply where the protester's challenge, in essence, raises the question of whether the solicitation for the underlying ID/IQ contract properly included environmental remediation work at closing military installations in light of a statutory requirement to provide a preference for such work to businesses located in the vicinity of those installations. 2. Despite the requirement that protests alleging improprieties in a solicitation must be filed before the time set for receipt of proposals in response to the solicitation, 4 C.F.R. § 21.2(a)(1) (1999), a protester's challenge to a solicitation is timely where the solicitation did not give sufficient notice to potential offerors that environmental remediation projects for military installations which were closed or realigned as part of the base realignment and closure process were included within the reach of the solicitation, and where the protester filed its challenge within 10 days of learning of the agency's interpretation of its solicitation. 3. Protester's contention that the use of preplaced regional ID/IQ contracts for environmental remediation at closed or realigned military installations violates a statutory requirement to provide a preference, to the greatest extent practicable, for such work to businesses located in the vicinity of such installations is sustained where the record does not show that the agency gave reasonable consideration to the practicability of the statutory preference before awarding such contracts.

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