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B-299154 1 (2006-12-19)

handle is hein.gao/gaocrptassq0001 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: Palmetto GBA, LLC File: B-299154 Date: December 19, 2006 W. Jay DeVecchio, Esq., Kevin C. Dwyer, Esq., Kathy C. Weinberg, Esq., Edward Jackson, Esq., Richard W. Arnholt, Esq., and Bradley A. Areheart, Esq., Jenner & Block LLP for the protester. David S. Cohen, Esq., Bryan T. Bunting, Esq., Victor G. Klingelhofer, Esq., John J. O'Brien, Esq., and Catherine K. Kroll, Esq., Cohen Mohr, LLP for Pearson Government Solutions, Inc., an intervenor. Jamie B. Insley, Esq. and Christine Simpson, Esq., Department of Health and Human Services, for the agency. Jonathan L. Kang, Esq., and Glenn G. Wolcott, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging issuance of a task order under a multiple-award indefinite- delivery/indefinite-quantity contract is dismissed where the task order does not foreclose vendors' opportunity to compete for future orders under the contract, and therefore the issuance of the order does not constitute a downselection and is not subject to GAO's bid protest jurisdiction. DECISION Palmetto GBA, LLC protests the issuance of a task order to Pearson Government Solutions, Inc. under a multiple-award indefinite-delivery/indefinite-quantity (ID/IQ) contract for Contract Center Operations (CCO) awarded by the Department of Health and Human Services, Centers for Medicare & Medicaid Services, under request for proposals (RFP) No. RFP-CMS-2005-0027. The protester challenges the agency's issuance of the task order under the CCO contract based on alleged flaws in the agency's cost evaluation and the conduct of discussions. The agency contends that our Office lacks jurisdiction to hear the protest. We dismiss the protest.

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