Many contracts with the government have some type of IT component. Indeed, the IT component is often a large part of the effort. How big does an IT component have to be before the contract is simply a contract for IT services? In this case, the protester alleged that a task order RFP was really just seeking IT services that were beyond the scope of the underlying IDIQ. GAO, however, found that while IT services were an integral part of the effort, this was not a procurement for IT services. Just because IT is integral does not mean the agency is simply seeking IT services.
Plateau Software, Inc., GAO B-420579
Background
GSA’s One Acquisition Solution for Integrated Services (OASIS) government wide acquisition contract allows agencies to order a wide range of professional services, including program management, consulting, engineering, logistics, and financial services. The OASIS contract, however, has a limitation on information technology services. The contract states that IT is an ancillary service and may only be performed when the services are integral to one of the other professional based services. As a practical matter, this means agencies cannot use the OASIS to procure stand-alone IT services.
GSA issued a task order RFP to a pool of OASIS contract holders. The RFP sought occupational health, management, data analysis, and information technology support services occupational safety health office of the Undersecretary of Defense. Plateau Softwares, which was not in the relevant pool of OASIS contractors, filed a protest alleging that the RFP really sought IT services, which were outside the scope of the OASIS IDIQ.
Legal Analysis
In determining whether a task order is outside the scope of the underlying IDIQ contract, GAO examines whether the order is materially different from the original contract. Here. GAO found that the OASIS contract encompassed the services requested by the RFP. The RFP was for board-based support for safety and occupational efforts. Data-informed decisions were critical to the requirement. Thus, the RFP naturally required data services and data analytics. Nevertheless, GAO reasoned, these services were specifically identified as ancillary IT services that were integral to the solution. The OASIS contract expressly allows ancillary IT services so long as they are necessary to the solution. The fact that IT services are integral to the solution does not mean they are the principal purpose of the solicitation.
Plateau is represented by Matthew T. Schoonover, Matthew P. Moriarty, John M. Mattox II, and Ian P. Patterson of Schoonover & Moriarty LLC. The agency is represented by Jeffry O. Young, Fallyme E. Guerrero, and James T. Van Biber of the General Services Administration. GAO attorneys Uri R. Yoo and Alexander O. Levine participated in the preparation of the decision.