GAO Lacks Jurisdiction to Hear Protests Valued at Over $10 Million on Civilian Agency ID/IQ Orders because its Jurisdiction to Do So Has Expired — Ryan Consulting Group, Inc., B-414014

By: Christine V. Williams on 11/09/2016

Civilian Agency Jurisdiction and the Sunset Provisions

The GAO’s jurisdiction under Title 41 (public contracts-civil agency orders) to hear protests valued over $10 million on indefinite delivery/indefinite quantity (ID/IQ) orders expired on September 30, 2016, if not protested on other grounds.

In this case, Ryan Consulting Group, Inc., protested the issuance task order under a HUD ID/IQ contract to provide enterprise architecture and information technology support services.  The order was over $10 million but the GAO dismissed the protest because it found its jurisdiction had expired on September 30, 2014.  Notably, the protest was brought on October 14, 2016, with Ryan Consulting arguing that the GAO “grandfather” in the protest.  The GAO, in its dismissal, found it had no such authority to do so and noted that the protestor had not brought it under other GAO grounds that could be reviewed.   Such grounds include that the the order increased the scope, period, or maximum value of the underlying ID/IQ contract.  Ryan at 3.

Non-Civilian Agency ID/IQ Orders over $10 million Jurisdiction Remains

In that regard, the National Defense Authorization Act of 2013, amended Title 10 to delete the sunset language with respect to non-civilian agency task and delivery orders.  This change “had the effect of permanently establishing GAO’s jurisdiction to hear protests in connection with Title 10 tasks and orders valued in excess of $10 million.”  Ryan Consulting at 2.

By: Christine V. Williams