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B-400227 1 (2008-07-21)

handle is hein.gao/gaocrptawbs0001 and id is 1 raw text is: A G A O Comptroller General . Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Systems Research and Applications Corporation File: B-400227 Date: July 21, 2008 Thomas P. Humphrey, Esq., John E. McCarthy, Jr., Esq., Jon D. Levin, Esq., and James G. Peyster, Esq., Crowell & Moring LLP, for the protester. James J. McCullough, Esq., Deneen J. Melander, Esq., and Steven A. Alerding, Esq., Fried, Frank, Harris, Shriver & Jacobson, LLP, for Science Applications International Corporation, an intervenor. Liana D. Henry, Esq., General Services Administration, for the agency. Glenn G. Wolcott, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where protest challenges the issuance of a task order that occurred prior to the effective date of the provision of the National Defense Authorization Act of Fiscal Year 2008 that provides statutory authority for this Office to review protests challenging task orders, the applicable provisions of the Federal Acquisition Streamlining Act of 1994 preclude this Office's consideration of the protest. DECISION Systems Research and Applications Corporation (SRA) protests the General Services Administration's (GSA) issuance of a task order to Science Applications International Corporation (SAIC) to provide various information technology (IT) services. SRA protests that SAIC has various conflicts of interest, that SRA and SAIC were not treated equally, that the agency misled SRA regarding its proposed cost/price, and that the agency misevaluated various aspects of SRA's proposal. GSA seeks dismissal of SRA's protest on the ground that protests challenging task orders that are issued pursuant to indefinite-delivery/indefinite-quantity (ID/IQ) contracts are precluded by the Federal Acquisition Streamlining Act of 1994 (FASA), 41 U.S.C. § 253(j) (2008). In response, SRA argues that the protest is authorized by the recent enactment of section 843 of the National Defense Authorization Act of Fiscal Year 2008 (NDAA), Pub. L. 110-181, 122 Stat. 3, 236-39 (2008).

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