Tag Archives: Task Orders

GAO Task Order Jurisdiction: “Scope” Exception Is Narrow

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As I have previously written, the GAO lacks authority to hear bid protests of task orders valued at less than $10 million, except if the protester can show that the order increases the scope, period, or maximum value of the contract against which the order was issued.

In a recent bid protest decision, the GAO held that the “scope” exception applies only if the task order changes the underlying scope of work–denying the protester’s argument that any task order that is not evaluated in accordance with the contract’s requirements necessarily goes beyond the contract’s scope.

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Some NAVFAC MAC Task Order Awards Flawed, Says DOD IG

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Now that the GAO no longer has authority to hear protests of many task order awards valued under $10 million, it is fair to question whether the absence of the self-policing system established by the protest mechanism could contribute to unreasonable or improper task order awards.

According to a report issued by the Department of Defense Inspector General last Friday, at least one agency, the Naval Facilities Engineering Command, has experienced some troubling irregularities in the MAC task order award process, including twice failing to permit all MAC holders to bid on task order competitions.

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GAO: Agencies May Request Size Re-certification For Task Orders

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The GAO has confirmed that procuring agencies may require contractors to re-certify their “small” sizes in connection with task order competitions under a small business multiple-award contract.  The GAO’s recent decision in The Ross Group Construction Corporation, B-405180.3 (Aug. 7, 2012) demonstrates that procuring agencies have broad discretion to request size re-certification–even for task order competitions for which re-certification was not initially requested.

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Same As It Ever Was: GAO Confirms Reinstatement of $10 Million Task Order Bid Protest Threshold

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In 2008, Congress granted GAO the authority to hear bid protests of task orders valued at more than $10 million.  After this provision sunset in 2011, the GAO held in Technatomy Corp., B-405130 (June 14, 2011), that it had authority to hear bid protests of task orders of any size.

Congress, apparently, did not approve of GAO’s newfound expansion of its bid protest authority.  In December 2011, it passed legislation to reinstate the $10 million threshold. Notably, the amendment applies to task order solicitations issued during that “golden period” between June and December 2011.

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GAO: Agencies May Request Size Recertification on Long-Term IDIQs

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Ordinarily, a business is “small” for purposes of a set-aside government contract if it falls below the applicable size standard (determined by NAICS code) on the date of its initial offer.  The same policy holds true on long-term indefinite delivery/indefinite quantity contracts: if a business is small for the initial IDIQ award, it is small for subsequent task orders—unless the procuring agency asks for recertification, and the contractor has grown in the interim.

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