Protester Challenged a Sole-Source Task Order. Why Did GAO Dismiss for Lack of Jurisdiction?

The protester argued that the Army’s sole-source task order violated CICA and the FAR. But GAO sided with the Army, dismissing the protest for lack of jurisdiction. The task order’s base value was below the $25 million FASA threshold, and the optional extensions didn’t count toward the task order’s value.

ManTech Advanced Systems International, Inc., GAO B-422733.4

• Protest– ManTech challenged the Army’s sole-source task order, claiming it violated CICA’s requirement for full and open competition and the FAR’s fair opportunity mandate. The Army moved to dismiss for lack of jurisdiction. Under the Federal Acquisition and Streamlining Act of 1994, GAO is only authorized to hear protests of DoD task orders where the value of the order exceeds $25 million. In response to the protest, the Army had amended the task order, removing options and bringing its value under $25 million. The Army argued GAO lacked jurisdiction because the task order’s value was now below $25 million.
• Decision – ManTech argued that GAO should consider the value of the original task order before the Army amended it. The value of the original task order, ManTech, reasoned, exceeded $25 million. But GAO dismissed the protest for lack of jurisdiction. Even before the Army amended the task order, the order’s base value fell below the $25 million threshold. There was no evidence that the agency had considered the options as part of the value in making the award. This, in this case, only the base contract value — not the options and extensions — counted for jurisdiction.

— Case summary by Alice Song, Pub K Extern

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