CHAMELEON INTEGRATED SERVICES, INC. v. United States, 1:13-cv-00144

Post-award bid protest challenging USDA award under STARS II GWAC to CSSS.
USDA awarded the task order to CSSS on Oct 31, 2012; Chameleon protested via GAO and then in district court.
GAO denied Chameleon’s protest on Feb 15, 2013; agency conducted corrective action and reevaluation.
Chameleon claims CSSS had pricing knowledge and that USDA failed to disclose CSSS pricing to others.
STARS II is a GSA GWAC, governed by FAR Subpart 16.5; FASA protest bar is at issue.
Court dismisses for lack of jurisdiction under FASA; discussion of merits not reached.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether FASA protest bar applies to this STARS II award	STARS II GWAC not a traditional task/delivery order	FASA applies to STARS II task orders	Court lacks jurisdiction; FASA applies broadly
If jurisdiction existed, were the agency’s actions rational	USDA unfairly advantaged CSSS by disclosure of pricing	Actions had rational basis to level field; no irrationality	Merits would be denied on rationality grounds if reached

A&D Fire Protection Inc. v. United States, 72 Fed. Cl. 126 (2006) (FASA protest bar generally applicable to task orders)
Wildflower Int’l v. United States, 105 Fed. Cl. 362 (2012) (limits of FASA applicability totask orders)
Solute Consulting v. United States, 103 Fed. Cl. 783 (2012) (FASA scope across task orders)
Idea International Inc. v. United States, 74 Fed. Cl. 129 (2006) (FASA scope and pre-FASA schedule contracts mentioned)
MED Trends, Inc. v. United States, 102 Fed. Cl. 1 (2011) (FASA protest bar analysis; GWAC context noted)
Vanguard Recovery Assistance v. United States, 101 Fed. Cl. 765 (2011) (applicable to protest timing and evaluation considerations)
DGS Contract Serv., Inc. v. United States, 43 Fed. Cl. 227 (1999) (competitive advantage correction; fairness considerations)