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B-421470,B-421470.2,B-421470.3 May 24, 2023 1 (2023-05-24)

handle is hein.gao/gaoosr0001 and id is 1 raw text is: 



                    U.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 version has been
                                           approved for public release.


Matter of:   A. Prentice Ray & Associates, LLC

File:     B-421470; B-421470.2; B-421470.3

Date:        May 24, 2023

Devon  E. Hewitt, Esq., Potomac Law Group, PLLC, for the protester.
John W. Cox, Esq., and Kathleen D. Martin, Esq., Department of State, for the agency.
Paula A. Williams, Esq., and Evan D. Wesser, Esq., Office of the General Counsel,
GAO,  participated in the preparation of the decision.
DIGEST

Protest alleging that task order for staffing support services is out of scope of an
indefinite-delivery, indefinite-quantity contract is denied where the underlying contract
provides for a wide range of services and the scope of work is not limited to the
particular labor categories identified as examples in the underlying contract.
DECISION

A. Prentice Ray & Associates, LLC (APRA), an 8(a) certified, woman-owned small
business located in Washington, DC, protests the decision by the Department of State
(DOS)  to issue task order No. 19AQMM23F0657  to Cherokee Nation System Solutions,
LLC  (CNSS), a tribal 8(a) certified small business, located in Tulsa, Oklahoma.1 The
task order was issued under CNSS's indefinite-delivery, indefinite-quantity (IDIQ)
contract No. 19AQMM20D0126 to   provide continuing staffing support services. APRA
alleges that the task order is outside the scope of the underlying IDIQ contract and that
the task order was issued as an attempt to circumvent the automatic stay of
performance that was triggered by a prior APRA protest, B-421248.3.2


1 CNSS  is part of Cherokee Federal, a team of tribally-owned companies that serve
federal agencies globally and support the Cherokee Nation, the largest Native American
tribe in the United States. Agency Report (AR) Exh. 8, CNSS Proposal at 4.

2 Under the Competition in Contracting Act (CICA) of 1984, 31 U.S.C. §§ 3551-3557, if
the procuring agency receives notice of a protest filed at this Office within 10 calendar
days of the contract award, or 5 calendar days after the debriefing date, the agency
generally is required to suspend contract performance while the protest is pending

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