GAO Bid Protests
News stories on federal bid protest decisions issued by the GAO General Counsel.
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GAO Denies Protest by Incentive Technology Group of Arlington, Virginia
WASHINGTON, Nov. 6 -- The Government Accountability Office has issued a decision denying a bid protest filed by Incentive Technology Group of Arlington, Virginia.
According to the GAO, Incentive Technology Group "protests the exclusion of its proposal from the competition by the Department of the Air Force under request for proposals (RFP) No. FA8771-17-R-1000 for information technology (IT) services. Incentive argues that the agency unreasonably evaluated its proposal under the technical experience factor."
The bid protest decision (B-415716.30) was issued on Aug. 13, 2019 (https://www.gao.gov/products/B-415716.30).
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WASHINGTON, Nov. 6 -- The Government Accountability Office has issued a decision denying a bid protest filed by Incentive Technology Group of Arlington, Virginia.
According to the GAO, Incentive Technology Group "protests the exclusion of its proposal from the competition by the Department of the Air Force under request for proposals (RFP) No. FA8771-17-R-1000 for information technology (IT) services. Incentive argues that the agency unreasonably evaluated its proposal under the technical experience factor."
The bid protest decision (B-415716.30) was issued on Aug. 13, 2019 (https://www.gao.gov/products/B-415716.30).
Inits findings, the GAO said: "Protest challenging agency's evaluation of protester's proposal under the technical experience evaluation factor is denied where the record shows that the evaluation was reasonable and consistent with the solicitation."
The participants in the case included: Edward J. Tolchin, Offit Kurman Attorneys at Law, for the protester. Kevin P. Stiens, and Alexis J. Bernstein, Department of the Air Force, for the agency. Evan C. Williams, and Amy B. Pereira, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by JHC Technology of Oxon Hill, Maryland
WASHINGTON, Nov. 6 -- The Government Accountability Office has issued a decision denying a bid protest filed by JHC Technology of Oxon Hill, Maryland.
According to the GAO, JHC Technology "protests the establishment of a blanket purchase agreement (BPA) under the General Services Administration (GSA) Federal Supply Schedule (FSS) with Govplace, Inc., of Reston, Virginia, under request for quotations (RFQ) No. 70SBUR19Q00000040, which was issued by the Department of Homeland Security, United States Citizenship and Immigration Services (USCIS) for commercial cloud computing services. The protester
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WASHINGTON, Nov. 6 -- The Government Accountability Office has issued a decision denying a bid protest filed by JHC Technology of Oxon Hill, Maryland.
According to the GAO, JHC Technology "protests the establishment of a blanket purchase agreement (BPA) under the General Services Administration (GSA) Federal Supply Schedule (FSS) with Govplace, Inc., of Reston, Virginia, under request for quotations (RFQ) No. 70SBUR19Q00000040, which was issued by the Department of Homeland Security, United States Citizenship and Immigration Services (USCIS) for commercial cloud computing services. The protesterargues that USCIS conducted unequal discussions and improperly excluded its quotation from the competitive range."
The bid protest decision (B-417786) was issued on Oct. 23, 2019 (https://www.gao.gov/products/B-417786).
In its findings, the GAO said: "Protest challenging agency's exchanges during step one of a two-step competition with a vendor that was subsequently eliminated from the competition as unequal discussions is denied because the protester cannot demonstrate any potential competitive prejudice where the agency did not conduct exchanges with the awardee during step one."
The participants in the case included: Matthew P. Moriarty, Shane J. McCall, Robert D. Kampen and Gregory P. Weber, Koprince Law, for the protester. Townsend L. Bourne, Jonathan S. Aronie, Shaunna Bailey, and Eliazar M. Chacha, Sheppard, Mullin, Richter & Hampton, for Govplace, the intervenor. John E. Cornell, Department of Homeland Security, for the agency. Raymond Richards, Jonathan L. Kang, and Laura Eyester, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Red River Science & Technology of Lawton, Oklahoma
WASHINGTON, Nov. 2 -- The Government Accountability Office has issued a decision denying a bid protest filed by Red River Science and Technology of Lawton, Oklahoma.
According to the GAO, Red River Science & Technology "protests the issuance of an order to Bowhead Operations & Maintenance Solutions, LLC, a small disadvantaged business of Alexandria, Virginia, under request for proposals (RFP) No. W52P1J-19-R-0003, issued by the Department of the Army, Army Materiel Command for logistics support services at Fort Jackson, South Carolina. Red River challenges the Army's evaluation of its past performance
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WASHINGTON, Nov. 2 -- The Government Accountability Office has issued a decision denying a bid protest filed by Red River Science and Technology of Lawton, Oklahoma.
According to the GAO, Red River Science & Technology "protests the issuance of an order to Bowhead Operations & Maintenance Solutions, LLC, a small disadvantaged business of Alexandria, Virginia, under request for proposals (RFP) No. W52P1J-19-R-0003, issued by the Department of the Army, Army Materiel Command for logistics support services at Fort Jackson, South Carolina. Red River challenges the Army's evaluation of its past performanceas only acceptable, arguing that the agency failed to reasonably consider the past performance of its proposed subcontractor as required by the terms of the solicitation."
The bid protest decision (B-417798.2) was issued on Oct. 24, 2019 (https://www.gao.gov/products/B-417798.2).
In its findings, the GAO said: "Agency reasonably downgraded the protester's past performance where the protester lacked relevant past performance in a primary performance area required by the solicitation and the protester's subcontractor, which had the relevant past performance, was not proposed to perform that area of the work."
The participants in the case included: Jackson W. Moore, Amelia L. Serrat, David L. Hayden, Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, for the protester. Robert K. Tompkins, Gordon Griffin, Vijaya S. Surampudi, Holland & Knight, for Bowhead Operations and Maintenance Solutions, LLC, the intervenor. Matthew R. Wilson, Department of the Army, for the agency.
Heather Self, and Edward Goldstein, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Arrowpoint of McLean, Virginia
WASHINGTON, Nov. 2 -- The Government Accountability Office has issued a decision denying a bid protest filed by Arrowpoint of McLean, Virginia.
According to the GAO, Arrowpoint "protests the award of a contract to Tiber Creek Consulting, Inc., of Fairfax, Virginia, under request for proposals (RFP) No. W81K04-18-R-0005, issued by the Department of the Army for medical operational data systems (MODS) support services. Arrowpoint alleges that the agency unreasonably evaluated proposals and improperly made its source selection decision."
The bid protest decision (B-417375.2,B-417375.3) was issued
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WASHINGTON, Nov. 2 -- The Government Accountability Office has issued a decision denying a bid protest filed by Arrowpoint of McLean, Virginia.
According to the GAO, Arrowpoint "protests the award of a contract to Tiber Creek Consulting, Inc., of Fairfax, Virginia, under request for proposals (RFP) No. W81K04-18-R-0005, issued by the Department of the Army for medical operational data systems (MODS) support services. Arrowpoint alleges that the agency unreasonably evaluated proposals and improperly made its source selection decision."
The bid protest decision (B-417375.2,B-417375.3) was issuedon Oct. 25, 2019 (https://www.gao.gov/products/B-417375.2,B-417375.3).
In its findings, the GAO said: "1. Protest that the agency unreasonably evaluated technical and past performance proposals is denied where the record shows the evaluations were consistent with the solicitation's terms, proposed technical approaches, and past performance information.
2. Protest that the agency failed to review awardee's proposal for unbalanced pricing is denied where the protester did not identify aspects of the awardee's pricing which were materially overstated.
3. Protest that the agency unreasonably made its source selection decision is denied where the record shows that the source selection authority compared the qualitative differences between the proposals and did not convert the basis for award from best value tradeoff to lowest-priced, technically acceptable."
The participants in the case included: Richard B. O'Keeffe Jr. and Kendra P. Norwood, Wiley Rein, for the protester. Devon E. Hewitt, Michael E. Stamp, and Scott M. Dinner, Protorae Law, for Tiber Creek Consulting, the intervenor. Captain Richard W. Hagner, Department of the Army, for the agency. Todd C. Culliton, and Tania Calhoun, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Arrowpoint of McLean, Virginia
WASHINGTON, Nov. 2 -- The Government Accountability Office has issued a decision denying a bid protest filed by Arrowpoint of McLean, Virginia.
According to the GAO, Arrowpoint "protests the award of a contract to Tiber Creek Consulting, Inc., of Fairfax, Virginia, under request for proposals (RFP) No. W81K04-18-R-0005, issued by the Department of the Army for medical operational data systems (MODS) support services. Arrowpoint alleges that the agency unreasonably evaluated proposals and improperly made its source selection decision."
The bid protest decision (B-417375.2,B-417375.3) was issued
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WASHINGTON, Nov. 2 -- The Government Accountability Office has issued a decision denying a bid protest filed by Arrowpoint of McLean, Virginia.
According to the GAO, Arrowpoint "protests the award of a contract to Tiber Creek Consulting, Inc., of Fairfax, Virginia, under request for proposals (RFP) No. W81K04-18-R-0005, issued by the Department of the Army for medical operational data systems (MODS) support services. Arrowpoint alleges that the agency unreasonably evaluated proposals and improperly made its source selection decision."
The bid protest decision (B-417375.2,B-417375.3) was issuedon Oct. 25, 2019 (https://www.gao.gov/products/B-417375.2,B-417375.3).
In its findings, the GAO said: "1. Protest that the agency unreasonably evaluated technical and past performance proposals is denied where the record shows the evaluations were consistent with the solicitation's terms, proposed technical approaches, and past performance information.
2. Protest that the agency failed to review awardee's proposal for unbalanced pricing is denied where the protester did not identify aspects of the awardee's pricing which were materially overstated.
3. Protest that the agency unreasonably made its source selection decision is denied where the record shows that the source selection authority compared the qualitative differences between the proposals and did not convert the basis for award from best value tradeoff to lowest-priced, technically acceptable."
The participants in the case included: Richard B. O'Keeffe Jr. and Kendra P. Norwood, Wiley Rein, for the protester. Devon E. Hewitt, Michael E. Stamp, and Scott M. Dinner, Protorae Law, for Tiber Creek Consulting, the intervenor. Captain Richard W. Hagner, Department of the Army, for the agency. Todd C. Culliton, and Tania Calhoun, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by DirectViz Solutions of Chantilly, Virginia
WASHINGTON, Nov. 2 -- The Government Accountability Office has issued a decision denying a bid protest filed by DirectViz Solutions of Chantilly, Virginia.
According to the GAO, DirectViz Solutions "protests the award of a task order to AMAR Health IT, LLC (AHIT), of Fairfax, Virginia, under request for proposals (RFP) No. 831711711, issued by the Defense Information Systems Agency (DISA) for business and technical support services. DVS alleges that DISA did not take meaningful corrective action in response to the firm's previous protest, unreasonably evaluated its proposal, and improperly made
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WASHINGTON, Nov. 2 -- The Government Accountability Office has issued a decision denying a bid protest filed by DirectViz Solutions of Chantilly, Virginia.
According to the GAO, DirectViz Solutions "protests the award of a task order to AMAR Health IT, LLC (AHIT), of Fairfax, Virginia, under request for proposals (RFP) No. 831711711, issued by the Defense Information Systems Agency (DISA) for business and technical support services. DVS alleges that DISA did not take meaningful corrective action in response to the firm's previous protest, unreasonably evaluated its proposal, and improperly madethe source selection decision."
The bid protest decision (B-417565.3,B-417565.4) was issued on Oct. 25, 2019 (https://www.gao.gov/products/B-417565.3,B-417565.4).
In its findings, the GAO said: "1. Protest that the agency did not meaningfully implement corrective action from an earlier protest is denied where the record shows that the agency reevaluated proposals and conducted a new source selection tradeoff analysis.
2. Protest that the agency unreasonably evaluated protester's proposal is denied where the record shows that the evaluation was consistent with the stated evaluation criteria."
The participants in the case included: Gunjan R. Talati, Lawrence M. Prosen, and Benjamin L. Williams, Kilpatrick Townsend & Stockton, for the protester.
John E. Jensen, Meghan D. Doherty, and Robert C. Starling, Pillsbury, Winthrop Shaw Pittman, for AMAR Health IT, the intervenor. Colleen A. Eagan, Anthony J. Balestreri, and Nati Silva, Defense Information Systems Agency, for the agency. Todd C. Culliton, and Tania Calhoun, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Dismisses Protest by Quasar Global Technologies of Lancaster, Pennsylvania
WASHINGTON, Nov. 2 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by Quasar Global Technologies of Lancaster, Pennsylvania.
According to the GAO, Quasar Global Technologies "protests the Department of Veterans Affairs' (VA) evaluation of its technical quotation under request for quotations (RFQ) No. 36C24419Q0681 (RFQ 0681), for triennial breaker testing at the VA Pittsburgh Medical Center, and the VA's decision to cancel the RFQ, a set-aside for SDVOSBs. Quasar also challenges the agency's decision to procure the requirement on an unrestricted basis
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WASHINGTON, Nov. 2 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by Quasar Global Technologies of Lancaster, Pennsylvania.
According to the GAO, Quasar Global Technologies "protests the Department of Veterans Affairs' (VA) evaluation of its technical quotation under request for quotations (RFQ) No. 36C24419Q0681 (RFQ 0681), for triennial breaker testing at the VA Pittsburgh Medical Center, and the VA's decision to cancel the RFQ, a set-aside for SDVOSBs. Quasar also challenges the agency's decision to procure the requirement on an unrestricted basisunder RFQ No. 36C24419Q0974 (RFQ 0974), and to award the contract to ABM Electrical Power Solutions, LLC."
The bid protest decision (B-418007) was issued on Oct. 30, 2019 (https://www.gao.gov/products/B-418007).
In its findings, the GAO said: "Protest challenging the evaluation of a protester's quotation as technically unacceptable, and alleging that an agency improperly decided to cancel a solicitation set aside for service-disabled veteran-owned small business concerns and procure the requirement on an unrestricted basis, is dismissed when the protest is untimely and the protester is not an interested party to challenge the procurement."
The participants in the case included: Jarl G. Ferko for the protester.
David R. Johnson, and John M. Satira, Vinson & Elkins, for ABM Electrical Power Solutions, the intervenor. Kimberly Kegowicz, Department of Veterans Affairs, for the agency. Kasia Dourney, and Christina Sklarew, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by EDCCENTECH Group of McLean, Virginia
WASHINGTON, Oct. 30 -- The Government Accountability Office has issued a decision denying a bid protest filed by EDCCENTECH Group of McLean, Virginia.
According to the GAO, EDCCENTECH Group "protests the exclusion of its proposal from the competition by the Department of the Air Force under request for proposals (RFP) No. FA8771-17-R-1000 for information technology (IT) services."
The bid protest decision (B-415716.25) was issued on May 24, 2019 (https://www.gao.gov/products/B-415716.25).
In its findings, the GAO said: "Protest challenging the agency's evaluation of protester's technical proposal
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WASHINGTON, Oct. 30 -- The Government Accountability Office has issued a decision denying a bid protest filed by EDCCENTECH Group of McLean, Virginia.
According to the GAO, EDCCENTECH Group "protests the exclusion of its proposal from the competition by the Department of the Air Force under request for proposals (RFP) No. FA8771-17-R-1000 for information technology (IT) services."
The bid protest decision (B-415716.25) was issued on May 24, 2019 (https://www.gao.gov/products/B-415716.25).
In its findings, the GAO said: "Protest challenging the agency's evaluation of protester's technical proposalis denied where the record shows that the evaluation was reasonable and consistent with the solicitation."
The participants in the case included: Kenneth A. Martin, The Martin Law Firm, for the protester. Alexis J. Bernstein, Lieutenant Col. Kevin P. Stiens, and Francis D. Hollifield, Department of the Air Force, for the agency. Katherine I. Riback, and Amy B. Pereira, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies in Part Protest by Global Dynamics of Columbia, Maryland
WASHINGTON, Oct. 30 -- The Government Accountability Office has issued a decision denying in part and dismissing in part a bid protest filed by Global Dynamics of Columbia, Maryland.
According to the GAO, Global Dynamics "protests the terms of task order proposal request (TOPR) No. FA2823-19-R-6022, issued by the Department of the Air Force for the provision of 11 health care workers to provide medical services at Eglin Air Force Base (AFB) Medical Treatment Facility Surgical Clinic. Global Dynamics argues that the TOPR is beyond the scope of its underlying indefinite-delivery, indefinite-quantity
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WASHINGTON, Oct. 30 -- The Government Accountability Office has issued a decision denying in part and dismissing in part a bid protest filed by Global Dynamics of Columbia, Maryland.
According to the GAO, Global Dynamics "protests the terms of task order proposal request (TOPR) No. FA2823-19-R-6022, issued by the Department of the Air Force for the provision of 11 health care workers to provide medical services at Eglin Air Force Base (AFB) Medical Treatment Facility Surgical Clinic. Global Dynamics argues that the TOPR is beyond the scope of its underlying indefinite-delivery, indefinite-quantity(IDIQ) contract and that the agency failed to provide it a fair opportunity to compete for the task order."
The bid protest decision (B-417776) was issued on Oct. 23, 2019 (https://www.gao.gov/products/B-417776).
In its findings, the GAO said: "1. Protest that task order proposal request for medical services exceeds the scope of the underlying multiple-award indefinite-delivery, indefinite-quantity contracts is denied where the record shows that services were reasonably encompassed within the contract's scope of work.
2. GAO lacks jurisdiction to consider protest alleging that the agency improperly denied the protester a fair opportunity to compete for a task order, where value of the task order is less than $25 million."
The participants in the case included: Edward J. Tolchin, Offit Kurman Attorneys At Law, for the protester. Col. Patricia S. Wiegman-Lenz, Heather M. Mandelkehr, Rachell Reilly, and Alexis J. Bernstein, Department of the Air Force, for the agency. Christopher Alwood, and Christina Sklarew, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by NCI Information Systems of Reston, Virginia
WASHINGTON, Oct. 29 -- The Government Accountability Office has issued a decision denying a bid protest filed by NCI Information Systems of Reston, Virginia.
According to the GAO, NCI Information Systems "protests the issuance of a task order to AECOM Management Services, Inc. (AECOM), of Germantown, Maryland, pursuant to request for proposals (RFP) RS3-18-R-0078, issued by the Department of the Army for systems engineering and technical assistance services. NCI challenges various aspects of the agency's source selection process, including the agency's evaluation under the technical and cost/price
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WASHINGTON, Oct. 29 -- The Government Accountability Office has issued a decision denying a bid protest filed by NCI Information Systems of Reston, Virginia.
According to the GAO, NCI Information Systems "protests the issuance of a task order to AECOM Management Services, Inc. (AECOM), of Germantown, Maryland, pursuant to request for proposals (RFP) RS3-18-R-0078, issued by the Department of the Army for systems engineering and technical assistance services. NCI challenges various aspects of the agency's source selection process, including the agency's evaluation under the technical and cost/pricefactors."
The bid protest decision (B-417752,B-417752.2,B-417752.3) was issued on Oct. 17, 2019 (https://www.gao.gov/products/B-417752,B-417752.2,B-417752.3).
In its findings, the GAO said: "1. Protest challenging an agency's evaluation of proposals under the technical evaluation factor is denied where the evaluation was reasonable and the agency's assessment of adjectival ratings was consistent with the solicitation.
2. Protest challenging an agency's evaluation of protester's and awardee's proposals under the cost/price evaluation factor is denied where the evaluation was reasonable, including the agency's interpretation of a solicitation provision allowing offerors to submit documentation in addition to what the solicitation explicitly required to support proposed indirect rates.
3. Protest challenging agency's best-value tradeoff determination is denied where the record reflects that the contracting officer reasonably found the proposals of the awardee and the protester to be technically equal and selected the lower-priced proposal for award."
The participants in the case included: David Cohen, Cordatis, for the protester. Jonathan D. Shaffer, Todd M. Garland, Mary Pat Buckenmeyer, Smith Pachter McWhorter, for the intervenor. Wade L. Brown, and Dylan C. Bush, U.S. Army Materiel Command, for the agency. Christopher Alwood, and Christina Sklarew, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by BHB, Indiana Associates of Washington, D.C.
WASHINGTON, Oct. 25 -- The Government Accountability Office has issued a decision denying a bid protest filed by BHB and Indiana Associates of Washington, D.C.
According to the GAO, BHB and Indiana Associates "protests the terms of Request for Lease Proposals (RLP) No. 6DC0335 issued by the U.S. General Services Administration (GSA) for the lease of office space. The protester challenges certain terms of the RLP as unduly restrictive of competition."
The bid protest decision (B-417760,B-417760.2,B-417760.3,B-417760.4) was issued on Oct. 9, 2019 (https://www.gao.gov/products/B-417760,B-417760.2,B-417760.3,B-417760.4).
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WASHINGTON, Oct. 25 -- The Government Accountability Office has issued a decision denying a bid protest filed by BHB and Indiana Associates of Washington, D.C.
According to the GAO, BHB and Indiana Associates "protests the terms of Request for Lease Proposals (RLP) No. 6DC0335 issued by the U.S. General Services Administration (GSA) for the lease of office space. The protester challenges certain terms of the RLP as unduly restrictive of competition."
The bid protest decision (B-417760,B-417760.2,B-417760.3,B-417760.4) was issued on Oct. 9, 2019 (https://www.gao.gov/products/B-417760,B-417760.2,B-417760.3,B-417760.4).
Inits findings, the GAO said: "Protest challenging a single-building requirement in the solicitation as unduly restrictive of competition is denied where the record shows that the provision is reasonably necessary to meet the agency's legitimate needs."
The participants in the case included: Abram J. Pafford, and Richard J. Webber, Arent Fox, for the protester. Michael Klein, General Services Administration, for the agency. Robert T. Wu, and Peter H. Tran, Office of the General Counsel, GAO, participated in the preparation of the decision.
