GAO Bid Protests
News stories on federal bid protest decisions issued by the GAO General Counsel.
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GAO Denies Protest by Israel Aerospace Industries of Ben Gurion International Airport, Israel
WASHINGTON, Aug. 22 -- The Government Accountability Office has issued a decision denying a bid protest filed by Israel Aerospace Industries of Ben Gurion International Airport, Israel.
According to the GAO, Israel Aerospace Industries "protests the terms of request for proposals (RFP) No. W58RGZ-19-R-0198, issued by the Department of the Army, Army Contracting Command, Redstone Arsenal, Alabama, for helicopter maintenance and overhaul services. IAI alleges that the RFP's terms are unduly restrictive of competition."
The bid protest decision (B-417681) was issued on Aug. 16, 2019 (https://www.gao.gov/products/B-417681).
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WASHINGTON, Aug. 22 -- The Government Accountability Office has issued a decision denying a bid protest filed by Israel Aerospace Industries of Ben Gurion International Airport, Israel.
According to the GAO, Israel Aerospace Industries "protests the terms of request for proposals (RFP) No. W58RGZ-19-R-0198, issued by the Department of the Army, Army Contracting Command, Redstone Arsenal, Alabama, for helicopter maintenance and overhaul services. IAI alleges that the RFP's terms are unduly restrictive of competition."
The bid protest decision (B-417681) was issued on Aug. 16, 2019 (https://www.gao.gov/products/B-417681).
Inits findings, the GAO said: "Protest allegation that the solicitation contained an unduly restrictive provision is denied where the agency explained that the provision was reasonably necessary to meet its needs."
The participants in the case included: Howard J. Stanislawski, Patrick K. O'Keefe and Robin Wright Cleary, Sidley Austin, for the protester. Marcia G. Madsen, and David F. Dowd, Mayer Brown, for Sikorsky Aircraftn, the intervenor. Jonathan A. Hardage, and Matthew A. McNease, 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 Warrior Service of Valley Stream, New York
WASHINGTON, Aug. 21 -- The Government Accountability Office has issued a decision denying a bid protest filed by Warrior Service of Valley Stream, New York.
According to the GAO, Warrior Service "protests the terms of request for quotations (RFQ) No. 36C26319Q0585, issued by the Department of Veteran Affairs (VA), for the procurement of five Hill-Rom brand LIKO overhead lift systems and related supplies and services. Warrior argues that the VA improperly classified the procurement on the Federal Business Opportunities (FBO) website and provided vendors with an unreasonable amount of time to respond
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WASHINGTON, Aug. 21 -- The Government Accountability Office has issued a decision denying a bid protest filed by Warrior Service of Valley Stream, New York.
According to the GAO, Warrior Service "protests the terms of request for quotations (RFQ) No. 36C26319Q0585, issued by the Department of Veteran Affairs (VA), for the procurement of five Hill-Rom brand LIKO overhead lift systems and related supplies and services. Warrior argues that the VA improperly classified the procurement on the Federal Business Opportunities (FBO) website and provided vendors with an unreasonable amount of time to respondto the RFQ, which together, prevented it from finding the RFQ and submitting a timely quotation. Warrior also argues that the terms of the RFQ are ambiguous."
The bid protest decision (B-417574) was issued on Aug. 19, 2019 (https://www.gao.gov/products/B-417574).
In its findings, the GAO said: "1. Protest challenging the terms of a solicitation is denied where the agency reasonably classified the procurement in accordance with the terms of the solicitation and allowed a reasonable amount of time for the submissions of quotations in accordance with applicable procurement law and regulation.
2. Protest challenging an alleged ambiguity in the solicitation is denied where the protester's interpretation is not reasonable."
The participants in the case included: Frank V. Reilly, for the protester.
Tyler W. Brown, Department of Veterans Affairs, for the agency. Michael P. Grogan, and Amy B. Pereira, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Davis Defense Group of Stafford, Virginia
WASHINGTON, Aug. 20 -- The Government Accountability Office has issued a decision denying a bid protest filed by Davis Defense Group of Stafford, Virginia.
According to the GAO, Davis Defense Group "challenges the issuance of a task order to MLT Systems, LLC, of Stafford, Virginia, under request for proposals (RFP) No. M67854-18-R-3005 issued under the Navy's Seaport multiple award indefinite-award, indefinite-quantity (IDIQ) contract by the United States Marine Corps for business, acquisition, logistics, engineering, and test-related support services. The protester argues that the agency erred
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WASHINGTON, Aug. 20 -- The Government Accountability Office has issued a decision denying a bid protest filed by Davis Defense Group of Stafford, Virginia.
According to the GAO, Davis Defense Group "challenges the issuance of a task order to MLT Systems, LLC, of Stafford, Virginia, under request for proposals (RFP) No. M67854-18-R-3005 issued under the Navy's Seaport multiple award indefinite-award, indefinite-quantity (IDIQ) contract by the United States Marine Corps for business, acquisition, logistics, engineering, and test-related support services. The protester argues that the agency erredin finding its proposal to be technically unacceptable."
The bid protest decision (B-417470) was issued on July 11, 2019 (https://www.gao.gov/products/B-417470).
In its findings, the GAO said: "Protest that agency erred in concluding proposal was technically unacceptable due to inadequate proposed staffing is denied where the agency's evaluation was reasonable and consistent with the solicitation, and the protester's proposal contained numerous inconsistencies concerning the protester's staffing approach."
The participants in the case included: Kathryn V. Flood, Meghan Leemon, Timothy Valley and Isaias Alba, Piliero Mazza, for the protester. Martha Vazquez, and Richard O'Keeffe, Wiley Rein, for MLT Systems, the intervenor.
Lisa L. Baker, United States Marine Corps, for the agency. Michael Willems, and Edward Goldstein, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by TechAnax of Woodbridge, Virginia, Rigil Corp. of Washington, D.C.
WASHINGTON, Aug. 20 -- The Government Accountability Office has issued a decision denying a bid protest filed by TechAnax of Woodbridge, Virginia, and Rigil Corp. of Washington, D.C.
According to the GAO, TechAnax and Rigil Corp. "challenge the terms of request for proposals (RFP) GS00Q-13-DR-0002, which was issued by the General Services Administration (GSA), Information Technology Service, for award of new contracts in the agency's One Acquisition Solution for Integrated Services (OASIS)--small business pool of governmentwide multiple-award indefinite-delivery, indefinite-quantity (IDIQ) contracts.
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WASHINGTON, Aug. 20 -- The Government Accountability Office has issued a decision denying a bid protest filed by TechAnax of Woodbridge, Virginia, and Rigil Corp. of Washington, D.C.
According to the GAO, TechAnax and Rigil Corp. "challenge the terms of request for proposals (RFP) GS00Q-13-DR-0002, which was issued by the General Services Administration (GSA), Information Technology Service, for award of new contracts in the agency's One Acquisition Solution for Integrated Services (OASIS)--small business pool of governmentwide multiple-award indefinite-delivery, indefinite-quantity (IDIQ) contracts.The protesters argue that the Small Business Runway Extension Act of 2018 (Runway Extension Act) changed the method by which the Small Business Administration (SBA) must calculate the size of small businesses, and that the solicitation is flawed because it does not reflect this change."
The bid protest decision (B-408685.22,B-408685.25) was issued on August 16, 2019 (https://www.gao.gov/products/B-408685.22,B-408685.25).
In its findings, the GAO said: "Protests that a solicitation issued by the General Services Administration (GSA) is inconsistent with the Small Business Runway Extension Act of 2018 is denied where GSA reasonably relied on the interpretation of the Small Business Administration (SBA) that the act requires rulemaking by SBA to implement changes to the basis for calculating a firm's annual revenue, and where SBA's interpretation is a matter to which we grant deference."
The participants in the case included: Byron Athan Jr., for TechAnax, and Wayne A. Keup, Wayne Keup, for Rigil Corporation, the protesters. Stephen T. O'Neal, for the General Services Adminisration, and John W. Klein, and Sam Q. Le, for the Small Business Administration, the agencies. Jonathan L. Kang, and Tania Calhoun, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Warrior Service of Valley Stream, New York
WASHINGTON, Aug. 20 -- The Government Accountability Office has issued a decision denying a bid protest filed by Warrior Service of Valley Stream, New York.
According to the GAO, Warrior Service "protests the terms of request for quotations (RFQ) No. 36C25719Q0769, which was issued by the Department of Veteran Affairs (VA) for the supply and installation of 200 mattresses and the removal of the existing mattresses. Warrior argues that the VA misclassified the procurement and provided vendors with an unreasonable amount of time to respond to the RFQ, which together prevented it from finding the
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WASHINGTON, Aug. 20 -- The Government Accountability Office has issued a decision denying a bid protest filed by Warrior Service of Valley Stream, New York.
According to the GAO, Warrior Service "protests the terms of request for quotations (RFQ) No. 36C25719Q0769, which was issued by the Department of Veteran Affairs (VA) for the supply and installation of 200 mattresses and the removal of the existing mattresses. Warrior argues that the VA misclassified the procurement and provided vendors with an unreasonable amount of time to respond to the RFQ, which together prevented it from finding theRFQ and submitting a timely quotation."
The bid protest decision (B-417612) was issued on August 16, 2019 (https://www.gao.gov/products/B-417612).
In its findings, the GAO said: "Protest challenging the terms of the solicitation is denied where the agency reasonably classified the procurement in accordance with the terms of the solicitation and allowed a reasonable amount of time for the submission of quotations in accordance with applicable procurement law and regulation."
The participants in the case included: Frank V. Reilly, for the protester.
Tyler W. Brown, Department of Veterans Affairs, for the agency. Scott H. Riback, and Tania Calhoun, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Dismisses in Part Protest by American Justice Solutions of Mission Viejo, California
WASHINGTON, Aug. 20 -- The Government Accountability Office has issued a decision dismissing in part and denying in part a bid protest filed by American Justice Solutions of Mission Viejo, California.
According to the GAO, American Justice Solutions "protests the award of a contract to Track Group, Inc., of Naperville, Illinois, also a small business, under request for quotations (RFQ) No. 959P0019R0002, issued by the Court Services and Offender Supervision Agency, Pretrial Services Agency for the District of Columbia (PSA), for commercial services to monitor defendants electronically. American
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WASHINGTON, Aug. 20 -- The Government Accountability Office has issued a decision dismissing in part and denying in part a bid protest filed by American Justice Solutions of Mission Viejo, California.
According to the GAO, American Justice Solutions "protests the award of a contract to Track Group, Inc., of Naperville, Illinois, also a small business, under request for quotations (RFQ) No. 959P0019R0002, issued by the Court Services and Offender Supervision Agency, Pretrial Services Agency for the District of Columbia (PSA), for commercial services to monitor defendants electronically. Americanargues that PSA conducted an unfair competition due to the disclosure of information about its quotation in an earlier procurement for the same services, misevaluated its quotation as unacceptable, and applied the evaluation criteria unequally in finding Track's quotation acceptable while rejecting American's."
The bid protest decision (B-417171.2) was issued on https://www.gao.gov/products/B-417171.2 (https://www.gao.gov/products/B-417171.2).
In its findings, the GAO said: "1. Protest that competition was unfair because agency had earlier released protester's pricing information during debriefings in another procurement is dismissed as untimely where protester knew of both the release of its pricing and the alleged similarity of the new solicitation before it submitted its quotation, but filed its protest after the closing time for submission of quotations.
2. Protest that agency misevaluated protester's quotation as unacceptable, and applied evaluation criteria unequally in finding awardee's quotation acceptable, is denied where evaluation was reasonable and consistent with evaluation criteria in solicitation, and where differences in protester's and awardee's quotations justified the differences in the evaluation of both quotations."
The participants in the case included: Thomas Jonsson, for the protester.
Shaun Callahan, for Track Group, the intervenor. Linette Lander, Court Services and Offender Supervision Agency, Pretrial Services Agency for the District of Columbia, for the agency. Paul N. Wengert, and Tania Calhoun, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by 22nd Century Technologies of McLean, Virginia
WASHINGTON, Aug. 16 -- The Government Accountability Office has issued a decision denying a bid protest filed by 22nd Century Technologies of McLean, Virginia.
According to the GAO, 22nd Century Technologies "protests the issuance of a task order to LinTech Global, Inc., of Farmington Hills, Michigan, under request for task order proposals (TOPR) No. W91QF4-18-R-0005, by the Department of the Army, for information technology (IT) and support services. The protester challenges various aspects of the agency's evaluation of the technical proposals and the selection decision."
The bid protest decision
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WASHINGTON, Aug. 16 -- The Government Accountability Office has issued a decision denying a bid protest filed by 22nd Century Technologies of McLean, Virginia.
According to the GAO, 22nd Century Technologies "protests the issuance of a task order to LinTech Global, Inc., of Farmington Hills, Michigan, under request for task order proposals (TOPR) No. W91QF4-18-R-0005, by the Department of the Army, for information technology (IT) and support services. The protester challenges various aspects of the agency's evaluation of the technical proposals and the selection decision."
The bid protest decision(B-416669.5,B-416669.6) was issued on Aug. 5, 2019 (https://www.gao.gov/products/B-416669.5,B-416669.6).
In its findings, the GAO said: "1. Protest alleging that the agency unreasonably failed to assign multiple strengths to protester's proposal is denied where protester fails to demonstrate that the agency's evaluation was unreasonable.
2. Protest challenging the evaluation of proposals is denied where the awardee's superior ratings stemmed from differences in the proposals and not from disparate treatment."
The participants in the case included: Daniel J. Strouse, David S. Cohen, Laurel A. Hockey and John J. O'Brien, Cordatis, for the protester. Michelle Kantor, and William J. Beckley, McDonald Hopkins, for LinTech Global, the intervenor. Scott N. Flesch, Major Adam Kama, Harry M. Parent, and Lieutenant Col. Andrew J. Smith, Department of the Army, for the agency. Young H. Cho, and Peter H. Tran, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Quotient of Columbia, Maryland
WASHINGTON, Aug. 16 -- The Government Accountability Office has issued a decision denying a bid protest filed by Quotient of Columbia, Maryland.
According to the GAO, Quotient "protests the issuance of a blanket purchase agreement (BPA) to J.R. Reingold & Associates, Inc. (Reingold), of Alexandria, Virginia, under request for quotations (RFQ) No. 91995918R0001, issued by the Department of Education, National Assessment Governing Board (NAGB), for website services. Quotient contends the agency's evaluation of vendors' quotations and resulting award decision were improper."
The bid protest decision
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WASHINGTON, Aug. 16 -- The Government Accountability Office has issued a decision denying a bid protest filed by Quotient of Columbia, Maryland.
According to the GAO, Quotient "protests the issuance of a blanket purchase agreement (BPA) to J.R. Reingold & Associates, Inc. (Reingold), of Alexandria, Virginia, under request for quotations (RFQ) No. 91995918R0001, issued by the Department of Education, National Assessment Governing Board (NAGB), for website services. Quotient contends the agency's evaluation of vendors' quotations and resulting award decision were improper."
The bid protest decision(B-416473.6,B-416473.7) was issued on July 30, 2019 (https://www.gao.gov/products/B-416473.6,B-416473.7).
In its findings, the GAO said: "1. Protest challenging the agency's evaluation of protester's technical quotation is denied where the agency's evaluation, including consideration of creativity and innovation, was reasonable and consistent with the stated evaluation criteria.
2. Protest challenging the agency's evaluation of awardee's technical quotation is denied where the agency reasonably considered the mix and level of awardee's staffing as part of technical evaluation."
The participants in the case included: David A. Edelstein and Laurence Schor, Asmar, Schor & McKenna, for the protester. Megan R. Nathan, Department of Education, for the agency. Louis A. Chiarella, and Peter H. Tran, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Credence Management Solutions of Vienna, Virginia
WASHINGTON, Aug. 14 -- The Government Accountability Office has issued a decision denying a bid protest filed by Credence Management Solutions of Vienna, Virginia.
According to the GAO, Credence Management Solutions "protests the issuance of a task order to Cherokee Nation Technologies, LLC (CNT), of Catoosa, Oklahoma, by the Department of the Air Force under fair opportunity proposal request (FOPR) FA8903-18-R-0004, for advisory and assistance services to support the Air Force's base realignment and closure (BRAC) program management division. Credence protests that the agency unreasonably evaluated
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WASHINGTON, Aug. 14 -- The Government Accountability Office has issued a decision denying a bid protest filed by Credence Management Solutions of Vienna, Virginia.
According to the GAO, Credence Management Solutions "protests the issuance of a task order to Cherokee Nation Technologies, LLC (CNT), of Catoosa, Oklahoma, by the Department of the Air Force under fair opportunity proposal request (FOPR) FA8903-18-R-0004, for advisory and assistance services to support the Air Force's base realignment and closure (BRAC) program management division. Credence protests that the agency unreasonably evaluatedone of the awardee's past performance projects in a manner inconsistent with the solicitation; unequally evaluated past performance; and afforded disproportionate weight to the awardee's past performance in a certain area of work in making its award decision."
The bid protest decision (B-417389.2) was issued on July 31, 2019 (https://www.gao.gov/products/B-417389.2).
In its findings, the GAO said: "Protest challenging agency's evaluation of past performance as unreasonable, inconsistent with the solicitation, and unequal, and alleging that the agency afforded disproportionate weight to awardee's past performance is denied where the record shows that the evaluation and corresponding source selection decision were reasonable and consistent with the terms of the solicitation."
The participants in the case included: S. Lane Tucker, and Bryn R. Pallesen, Stoel Rives, for the protester. Antonio R. Franco, Patrick T. Rothwell, Timothy F. Valley, and Emily Rouleau, PilieroMazza, for Cherokee Nation Technologies, the intervenor. Justin D. Haselden, and Jeffrey M. Kwastel, Department of the Air Force, for the agency. John Sorrenti, and Christina Sklarew, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Technology Advancement Group of Dulles, Virginia
WASHINGTON, Aug. 10 -- The Government Accountability Office has issued a decision denying a bid protest filed by Technology Advancement Group of Dulles, Virginia.
According to the GAO, Technology Advancement Group "protests the terms of request for proposals (RFP) No. W56HZV-19-R-0034, and the proposed award of a sole-source contract to Trimble, Inc., of Dayton, Ohio, by the Department of the Army, Army Materiel Command, to install Trimble's grade control capability system equipment and to supply and install additional devices. The protester argues that the Army unreasonably rejected its capability
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WASHINGTON, Aug. 10 -- The Government Accountability Office has issued a decision denying a bid protest filed by Technology Advancement Group of Dulles, Virginia.
According to the GAO, Technology Advancement Group "protests the terms of request for proposals (RFP) No. W56HZV-19-R-0034, and the proposed award of a sole-source contract to Trimble, Inc., of Dayton, Ohio, by the Department of the Army, Army Materiel Command, to install Trimble's grade control capability system equipment and to supply and install additional devices. The protester argues that the Army unreasonably rejected its capabilitystatement and that the agency lacks a valid legal basis to issue the RFP and award the contract to Trimble on a sole-source basis."
The bid protest decision (B-417609) was issued on Aug. 8, 2019 (https://www.gao.gov/products/B-417609).
In its findings, the GAO said: "Protest challenging the terms of a solicitation for sole-source contract is denied where agency reasonably determined that only the original equipment manufacturer could provide the services and products required."
The participants in the case included: Jacqueline M. McEwan, for the protester. Wade L. Brown, Department of the Army, for the agency. Paul N. Wengert, and Tania Calhoun, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Dismisses Protest by Tom & Jerry of Kansas City, Kansas
WASHINGTON, Aug. 10 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by Tom and Jerry of Kansas City, Kansas.
According to the GAO, Tom & Jerry "challenges the Department of the Army's decision to hold a Yellow Ribbon Reintegration Program (Yellow Ribbon) event in Atlanta, Georgia from May 3 to 5, 2019. The protester contends that the Yellow Ribbon work has been performed in the past through procurements that were set aside under the Small Business Administration's (SBA) 8(a) Business Development Program (8(a) program), and that the Army's award of a
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WASHINGTON, Aug. 10 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by Tom and Jerry of Kansas City, Kansas.
According to the GAO, Tom & Jerry "challenges the Department of the Army's decision to hold a Yellow Ribbon Reintegration Program (Yellow Ribbon) event in Atlanta, Georgia from May 3 to 5, 2019. The protester contends that the Yellow Ribbon work has been performed in the past through procurements that were set aside under the Small Business Administration's (SBA) 8(a) Business Development Program (8(a) program), and that the Army's award of asole-source contract to a large business for this work was improper because the agency cannot remove this work from the 8(a) program without first obtaining the SBA's agreement."
The bid protest decision (B-417531,B-417531.2) was issued on July 30, 2019 (https://www.gao.gov/products/B-417531,B-417531.2).
In its findings, the GAO said: "Protest of an agency's decision to perform requirements in-house rather than to contract for them is dismissed where such decisions are a matter of executive branch policy."
The participants in the case included: Matthew Moriarty, Shane J. McCall, Nicole D. Pottroff, and Robert D. Kampen, Koprince Law, for the protester. Maj. Jason W. Allen, Captain Richard Hagner, and Scott N. Flesch, Department of the Army, for the agency. Lois Hanshaw, and Christina Sklarew, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by United Aeronautical of North Hollywood, California
WASHINGTON, Aug. 9 -- The Government Accountability Office has issued a decision denying a bid protest filed by United Aeronautical of North Hollywood, California.
According to the GAO, United Aeronautical "challenges the terms of request for proposals (RFP) No. FA8504-19-R-0006, issued by the Department of the Air Force, for the demilitarization and retrofitting of seven HC-130H aircraft with aerial retardant delivery systems (RDS). The protester contends that the solicitation lacks critical information and does not afford offerors the opportunity to prepare intelligent and responsive proposals
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WASHINGTON, Aug. 9 -- The Government Accountability Office has issued a decision denying a bid protest filed by United Aeronautical of North Hollywood, California.
According to the GAO, United Aeronautical "challenges the terms of request for proposals (RFP) No. FA8504-19-R-0006, issued by the Department of the Air Force, for the demilitarization and retrofitting of seven HC-130H aircraft with aerial retardant delivery systems (RDS). The protester contends that the solicitation lacks critical information and does not afford offerors the opportunity to prepare intelligent and responsive proposalsand compete on an equal basis."
The bid protest decision (B-417560) was issued on Aug. 7, 2019 (https://www.gao.gov/products/B-417560).
In its findings, the GAO said: "Protest alleging that the solicitation does not provide adequate information to allow offerors to prepare a responsive proposal is denied where the solicitation provides adequate information for offerors to compete intelligently and on an equal basis."
The participants in the case included: Jonathan R. Hickman, Esquire Corporate Service, for the protester. Col. C. Taylor Smith and Lt. Col. Byron Shibata, Department of the Air Force, for the agency. Charmaine A. Stevenson, and Laura Eyester, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Dismisses Protest by AECOM Management Services of Germantown, Maryland
WASHINGTON, Aug. 9 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by AECOM Management Services of Germantown, Maryland.
According to the GAO, AECOM Management Services "protests the award of contracts (and the issuance of task orders) in connection with the logistics civil augmentation program (LOGCAP) to Kellogg, Brown & Root Services, Inc. (KBR), of Houston, Texas; Vectrus Systems Corporation, of Colorado Springs, Colorado; Fluor Intercontinental, Inc., of Greenville, South Carolina, and PAE-Parsons Global Logistics Services (P2GLS), of Arlington,
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WASHINGTON, Aug. 9 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by AECOM Management Services of Germantown, Maryland.
According to the GAO, AECOM Management Services "protests the award of contracts (and the issuance of task orders) in connection with the logistics civil augmentation program (LOGCAP) to Kellogg, Brown & Root Services, Inc. (KBR), of Houston, Texas; Vectrus Systems Corporation, of Colorado Springs, Colorado; Fluor Intercontinental, Inc., of Greenville, South Carolina, and PAE-Parsons Global Logistics Services (P2GLS), of Arlington,Virginia, under request for proposals (RFP) No. W52P1J-16-R-0001, which was issued by the Department of the Army, for support services for U.S. Military installations worldwide. Additionally, Fluor and P2GLS, both of which received LOGCAP contracts, protest the Army's decision to issue task orders to KBR and Vectrus in support of U.S. military installations in the African Command (AFRICOM), European Command (EUCOM), Central Command (CENTCOM), Pacific Command (PACOM), and Afghanistan. All three protesters primarily challenge the agency's evaluation of proposals, and resulting selection decisions."
The bid protest decision (B-417506.2,B-417506.3,B-417506.4,B-417506.5,B-417506.6,B-417506.7,B-417506.8,B-417506.9,B-417506.11) was issued on Aug. 7, 2019 (https://www.gao.gov/products/B-417506.2,B-417506.3,B-417506.4,B-417506.5,B-417506.6,B-417506.7,B-417506.8,B-417506.9,B-417506.11).
In its findings, the GAO said: "Protests are dismissed where the matter involved is the subject of litigation before a court of competent jurisdiction."
The participants in the case included: Jeffery M. Chiow, Neil H. O'Donnell, Lucas T. Hanback, Emily A. Wieser and Cassidy Kim, Rogers Joseph O'Donnell, for AECOM Management Services; Andrew E. Shipley, Stephen W. Preston, Philip E. Beshara, Souvik Saha, Matthew F. Ferraro, Elizabeth J. D'Aunno, and Chanda L. Brown, Wilmer Cutler Pickering Hale and Dorr, and James A. Hughes, Hughes Law, for Fluor Intercontinental; Anuj Vohra, Christian N. Curran, Olivia L. Lynch, Zachary H. Schroeder, Lauren H. Williams, and James G. Peyster, Crowell & Moring, for PAE-Parsons Global Logistics Services, the protesters.
Lee P. Curtis, Seth H. Locke, David E. Fletcher, Eric A. Aaserud, Alexander O. Canizares, Julia M. Fox, and Brenna D. Duncan, Perkins Coie, for Kellogg, Brown & Root Services; Kevin P. Mullen, J. Alex Ward, James A. Tucker, Sandeep N. Nandivada, R. Locke Bell, Lauren J. Horneffer, and Caitlin A. Crujido, Morrison & Foerster, for Vectrus Systems Corporation; Andrew Shipley, Stephen W. Preston, Philip E. Beshara, Souvik Saha, Matthew F. Ferraro, Elizabeth J. D'Aunno, and Chanda L. Brown, Wilmer Cutler Pickering Hale and Dorr, for Fluor Intercontinental; and Anuj Vohra, Christian N. Curran, Olivia L. Lynch, Zachary H. Schroeder, and Lauren H. Williams, Crowell & Moring, for PAE-Parsons Global Logistics Services, the intervenors.
Wade L. Brown, Matthew R. Wilson, Jonathan A. Hardage, Debra J. Talley, Scott A. Johnson, and Alex M. Cahill, Department of the Army, for the agency.
Scott H. Riback, Evan D. Wesser, and Tania Calhoun, and Edward Goldstein, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies in Part Protest by Centre Market Buildings of Chicago, Illinois
WASHINGTON, Aug. 8 -- The Government Accountability Office has issued a decision denying in part and dismissing in part a bid protest filed by Centre Market Buildings of Chicago, Illinois.
According to the GAO, Centre Market Buildings "challenges the amended terms of request for lease proposal (RLP) No. 4NJ0222, issued by the General Services Administration (GSA) for a fully-serviced lease of office and laboratory space for the Department of Homeland Security, United States Customs and Border Protection (CBP) in the vicinity of Newark, New Jersey. Centre challenges the agency's revisions to the
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WASHINGTON, Aug. 8 -- The Government Accountability Office has issued a decision denying in part and dismissing in part a bid protest filed by Centre Market Buildings of Chicago, Illinois.
According to the GAO, Centre Market Buildings "challenges the amended terms of request for lease proposal (RLP) No. 4NJ0222, issued by the General Services Administration (GSA) for a fully-serviced lease of office and laboratory space for the Department of Homeland Security, United States Customs and Border Protection (CBP) in the vicinity of Newark, New Jersey. Centre challenges the agency's revisions to thesolicitation, made as corrective action in response to a prior protest. Centre primarily argues that the amended RLP still contains ambiguities and other flaws."
The bid protest decision (B-417413.2,B-417413.3) was issued on Aug. 7, 2019 (https://www.gao.gov/products/B-417413.2,B-417413.3).
In its findings, the GAO said: "1. Protest that terms of solicitation for lease of building space do not adequately communicate the agency's requirements is denied where the solicitation provides sufficient information to allow offerors to compete intelligently and on an equal basis.
2. Protest challenging the conduct of discussions is dismissed as premature when brought prior to the receipt of final proposal revisions and the source selection decision."
The participants in the case included: Richard L. Moorhouse, and Jozef S. Przygrodzki, Greenberg Traurig, for the protester. Leigh Erin S. Izzo, General Services Administration, for the agency. Lois Hanshaw, and Christina Sklarew, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by QED Systems of Aberdeen Proving Ground, Maryland
WASHINGTON, Aug. 8 -- The Government Accountability Office has issued a decision denying a bid protest filed by QED Systems of Aberdeen Proving Ground, Maryland.
According to the GAO, QED Systems "protests the issuance of a task order to Vectrus Mission Solutions Corporation (Vectrus), of Alexandria, Virginia, under request for proposals (RFP) No. RS3-17-0018, issued by the Department of the Army, Army Contracting Command--Aberdeen Proving Ground, for operational and maintenance information technology for United States Forces-Afghanistan. The protester contends that the Army's cost realism analysis
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WASHINGTON, Aug. 8 -- The Government Accountability Office has issued a decision denying a bid protest filed by QED Systems of Aberdeen Proving Ground, Maryland.
According to the GAO, QED Systems "protests the issuance of a task order to Vectrus Mission Solutions Corporation (Vectrus), of Alexandria, Virginia, under request for proposals (RFP) No. RS3-17-0018, issued by the Department of the Army, Army Contracting Command--Aberdeen Proving Ground, for operational and maintenance information technology for United States Forces-Afghanistan. The protester contends that the Army's cost realism analysisis flawed and the best-value tradeoff decision is unreasonable."
The bid protest decision (B-417090.2,B-417090.3) was issued on July 23, 2019 (https://www.gao.gov/products/B-417090.2,B-417090.3).
In its findings, the GAO said: "Protest challenging agency's cost realism evaluation and source selection decision is denied where the record shows that both were reasonable and consistent with the terms of the solicitation."
The participants in the case included: Matthew P. Moriarty, Ian P. Patterson, Shane J. McCall, and Haley E. Claxton, Koprince Law, for the protester.
Steven M. Masiello, Joseph G. Martinez, and K. Tyler Thomas, Dentons US, for Vectrus Mission Solutions Corporation, the intervenor. Wade L. Brown, and William J. Wrabley III, Department of the Army, for the agency. Charmaine A. Stevenson, and Laura Eyester, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Dismisses in Part Protest by Tribologik of Hammond, Indiana
WASHINGTON, Aug. 7 -- The Government Accountability Office has issued a decision dismissing in part and denying in part a bid protest filed by Tribologik of Hammond, Indiana.
According to the GAO, Tribologik "protests the exclusion of its proposal from the competitive range under request for proposals (RFP) No. N64498-19-R-4002, issued by the Department of the Navy, Naval Surface Warfare Center, for services related to the testing and analysis of lubricating oil used in Navy ships. The protester asserts that the agency unreasonably evaluated its proposal, resulting in the improper exclusion of
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WASHINGTON, Aug. 7 -- The Government Accountability Office has issued a decision dismissing in part and denying in part a bid protest filed by Tribologik of Hammond, Indiana.
According to the GAO, Tribologik "protests the exclusion of its proposal from the competitive range under request for proposals (RFP) No. N64498-19-R-4002, issued by the Department of the Navy, Naval Surface Warfare Center, for services related to the testing and analysis of lubricating oil used in Navy ships. The protester asserts that the agency unreasonably evaluated its proposal, resulting in the improper exclusion ofits proposal from the competitive range."
The bid protest decision (B-417532) was issued on Aug. 2, 2019 (https://www.gao.gov/products/B-417532).
In its findings, the GAO said: "1. Receipt of an agency-level protest decision on a day when the protester's offices were closed and where the protester did not actually read the decision did not constitute actual or constructive knowledge of the adverse agency action.
2. Protest alleging that the procurement should have been set aside for small business concerns is dismissed as an untimely challenge to the terms of the solicitation.
3. Protest challenging the agency's evaluation of the protester's proposal is denied where the record reflects that the agency's evaluation was reasonable and consistent with the terms of the solicitation."
The participants in the case included: Nicholas Reich for the protester.
Paul Scheck, Department of the Navy, for the agency. Christopher An, Elizabeth Witwer, and Jennifer D. Westfall-McGrail, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by OGSystems of Chantilly, Virginia
WASHINGTON, Aug. 3 -- The Government Accountability Office has issued a decision denying a bid protest filed by OGSystems of Chantilly, Virginia.
According to the GAO, OGSystems "protests the issuance of a task order to Higgins, Hermansen, Banikas, LLC (HHB), of Springfield, Virginia, by the National Geospatial-Intelligence Agency (NGA), under fair opportunity proposal request (FOPR) No. HM0476-18-D-0004, to support the agency's Security and Installation Office (SIO). The protester argues that the agency unreasonably evaluated the awardee's technical proposal and made an unreasonable award decision."
The
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WASHINGTON, Aug. 3 -- The Government Accountability Office has issued a decision denying a bid protest filed by OGSystems of Chantilly, Virginia.
According to the GAO, OGSystems "protests the issuance of a task order to Higgins, Hermansen, Banikas, LLC (HHB), of Springfield, Virginia, by the National Geospatial-Intelligence Agency (NGA), under fair opportunity proposal request (FOPR) No. HM0476-18-D-0004, to support the agency's Security and Installation Office (SIO). The protester argues that the agency unreasonably evaluated the awardee's technical proposal and made an unreasonable award decision."
Thebid protest decision (B-417026.5,B-417026.6) was issued on July 16, 2019 (https://www.gao.gov/products/B-417026.5,B-417026.6).
In its findings, the GAO said: "1. Protest challenging the agency's reevaluation of the awardee's proposal as part of corrective action in response to a decision issued by our Office sustaining an earlier protest is denied where the record shows that the new evaluation was reasonable and adequately documented.
2. Protest challenging the award decision is denied where agency's comparisons of the protester's higher-rated technical proposal to the awardee's lower-rated technical proposal are reasonable in light of the agency's conclusion that the advantages associated with the protester's proposal were not worth a price premium of 25 percent."
The participants in the case included: Cameron Hamrick, C. Peter Dungan, Jason A. Blindauer and Christopher S. Denny, Miles & Stockbridge, for the protester. Peter B. Ford, Timothy F. Valley, and Meghan F. Leemon, PilieroMazza, for the intervenor. Kenneth W. Sachs, and Daniel Lamb, National Geospatial-Intelligence Agency, for the agency. Jonathan L. Kang, and Laura Eyester, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Dismisses in Part Protest by Fisher Sand & Gravel of Dickinson, North Dakota
WASHINGTON, Aug. 3 -- The Government Accountability Office has issued a decision dismissing in part and denying in part a bid protest filed by Fisher Sand and Gravel of Dickinson, North Dakota.
According to the GAO, Fisher Sand & Gravel "challenges the award of a contract to SLSCO, Ltd. (SLS), of Galveston, Texas, by the Department of the Army, Corps of Engineers (Corps), under solicitation No. W9126G19R9002 (solicitation 9002), for construction along the U.S. border in New Mexico. The protester challenges the terms of the solicitation and also argues that the agency failed to evaluate proposals
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WASHINGTON, Aug. 3 -- The Government Accountability Office has issued a decision dismissing in part and denying in part a bid protest filed by Fisher Sand and Gravel of Dickinson, North Dakota.
According to the GAO, Fisher Sand & Gravel "challenges the award of a contract to SLSCO, Ltd. (SLS), of Galveston, Texas, by the Department of the Army, Corps of Engineers (Corps), under solicitation No. W9126G19R9002 (solicitation 9002), for construction along the U.S. border in New Mexico. The protester challenges the terms of the solicitation and also argues that the agency failed to evaluate proposalsin a manner consistent with solicitation's evaluation criteria."
The bid protest decision (B-417496) was issued on July 26, 2019 (https://www.gao.gov/products/B-417496).
In its findings, the GAO said: "1. Protest allegations challenging the terms of a solicitation are dismissed as untimely because they were filed after the time for receipt of proposals.
2. Challenge to the evaluation of the protester's proposal is denied where the evaluation was reasonable and consistent with the terms of the solicitation.
3. Supplemental protest arguing that the agency's evaluation of offerors' proposals was inconsistent with the terms of the solicitation is dismissed where it was filed more than 10 days after receiving the documents upon which the argument was based.
4. Protester is not an interested party to challenge the evaluation of the awardee's qualifications to perform the contract where, even if the argument had merit, an intervening offeror, rather than the protester, would be next in line for award."
The participants in the case included: Scott R. Sleight, and Ellie Perka, Ahlers Cressman & Sleight, for the protester. David R. Hazelton, Kyle R. Jefcoat, Dean W. Baxtresser, and Chase A. Chesser, Latham & Watkins, for SLSCO, the intervenor. Blake M. Hedgecock, Department of the Army, for the agency. Jonathan L. Kang, and Laura Eyester, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Dismisses in Part Protest by JMark Services of Colorado Springs, Colorado
WASHINGTON, Aug. 3 -- The Government Accountability Office has issued a decision dismissing in part, denying in part and sustaining in part a bid protest filed by JMark Services of Colorado Springs, Colorado.
According to the GAO, JMark Services "protests the award of a contract to SierTek, Ltd., an 8(a) small business concern located in Beavercreek, Ohio, under request for quotations (RFQ) No. FA3030-18-R-0016, issued by the Department of the Air Force for intelligence instructor services at Goodfellow Air Force Base, Texas. The protester alleges that an agency official improperly influenced
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WASHINGTON, Aug. 3 -- The Government Accountability Office has issued a decision dismissing in part, denying in part and sustaining in part a bid protest filed by JMark Services of Colorado Springs, Colorado.
According to the GAO, JMark Services "protests the award of a contract to SierTek, Ltd., an 8(a) small business concern located in Beavercreek, Ohio, under request for quotations (RFQ) No. FA3030-18-R-0016, issued by the Department of the Air Force for intelligence instructor services at Goodfellow Air Force Base, Texas. The protester alleges that an agency official improperly influencedthe award of the contract and that the award was tainted by bias and bad faith. The protester also alleges that the agency's evaluation of quotations under all evaluation factors and its best-value tradeoff decision were unreasonable and inconsistent with the terms of the solicitation."
The bid protest decision (B-417331.2) was issued on July 22, 2019 (https://www.gao.gov/products/B-417331.2).
In its findings, the GAO said: "1. Protest alleging that the evaluation was tainted by bias on the part of an agency official is denied where the agency official was not involved in the evaluation, and where the protester has failed to provide any convincing proof to demonstrate that agency evaluators acted in bad faith or were biased.
2. Protest challenging the agency's technical evaluation is denied where the evaluation was reasonable and performed in accordance with the solicitation's pass/fail evaluation methodology.
3. Protest challenging the agency's failure to assess the risk associated with the awardee's low price is dismissed as factually and legally insufficient where the protester has failed to show that the solicitation required a price realism analysis.
4. Protester challenging the agency's past performance evaluation is sustained where the agency failed to consider the relevancy of vendors' prior efforts."
The participants in the case included: Charles R. Lucy, Holland & Hart, for the protester. Alexis J. Bernstein, and Heather M. Mandelkehr, Department of the Air Force; and Sam Q. Le, and Mark Hagedorn, Small Business Administration, for the agencies. Elizabeth Witwer, and Jennifer D. Westfall-McGrail, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Gulf Civilization General Trading & Contracting of Al Salhiya, Kuwait
WASHINGTON, Aug. 1 -- The Government Accountability Office has issued a decision denying a bid protest filed by Gulf Civilization General Trading and Contracting of Al Salhiya, Kuwait.
According to the GAO, Gulf Civilization General Trading & Contracting "protests the award of request for quotations (RFQ) No. SKU200-17-Q-0010, which was issued by the Department of State (DoS) for janitorial services at the U.S. embassy in Kuwait. The protester contends that the agency's technical evaluation was inconsistent with the solicitation; Gulf also asserts that DoS engaged in misleading discussions."
The
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WASHINGTON, Aug. 1 -- The Government Accountability Office has issued a decision denying a bid protest filed by Gulf Civilization General Trading and Contracting of Al Salhiya, Kuwait.
According to the GAO, Gulf Civilization General Trading & Contracting "protests the award of request for quotations (RFQ) No. SKU200-17-Q-0010, which was issued by the Department of State (DoS) for janitorial services at the U.S. embassy in Kuwait. The protester contends that the agency's technical evaluation was inconsistent with the solicitation; Gulf also asserts that DoS engaged in misleading discussions."
Thebid protest decision (B-416140.2) was issued on July 31, 2019 (https://www.gao.gov/products/B-416140.2).
In its findings, the GAO said: "1. Protest challenging the agency's technical evaluation is denied, where the agency had a reasonable basis to conclude that the protester's proposal did not provide an adequate food allowance for employees and was therefore technically unacceptable.
2. Protest alleging that the agency conducted misleading discussions is denied, where the agency properly led the protester to the weaknesses in the areas of the proposal."
The participants in the case included: Gabriel Grillo, for the protester.
Kathleen D. Martin, Department of State, for the agency. Stephanie B. Magnell, and Peter H. Tran, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Dismisses Protest by Best Practices Group of Renton, Washington
WASHINGTON, Aug. 1 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by Best Practices Group of Renton, Washington.
According to the GAO, Best Practices Group "protests the issuance of a purchase order to Quality Registry Services, LLC (QRS), of Manakin Sabot, Virginia, under request for quotations (RFQ) No. VA36C24419Q0619, issued by the Department of Veterans Affairs (VA) for cancer registry services at the Corporal Michael J. Crescenz VA Medical Center (CMC VAMC), in Philadelphia, Pennsylvania. BPG contends that the solicitation was defective and the
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WASHINGTON, Aug. 1 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by Best Practices Group of Renton, Washington.
According to the GAO, Best Practices Group "protests the issuance of a purchase order to Quality Registry Services, LLC (QRS), of Manakin Sabot, Virginia, under request for quotations (RFQ) No. VA36C24419Q0619, issued by the Department of Veterans Affairs (VA) for cancer registry services at the Corporal Michael J. Crescenz VA Medical Center (CMC VAMC), in Philadelphia, Pennsylvania. BPG contends that the solicitation was defective and theagency's award decision was improper."
The bid protest decision (B-417768) was issued on July 30, 2019 (https://www.gao.gov/products/B-417768).
In its findings, the GAO said: "Protest is dismissed as untimely where it raises the same issues as those presented in a prior agency-level protest that was not timely filed."
The participants in the case included: Peter J. Whalen for the protester.
Melody A. Goldberg, Department of Veterans Affairs, for the agency. Louis A. Chiarella, and Peter H. Tran, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Dismisses Protest by Vistronix of Reston, Virginia
WASHINGTON, Aug. 1 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by Vistronix of Reston, Virginia.
According to the GAO, Vistronix "protests its exclusion from competition for the service delivery outreach and operations support (SDO2) task order, issued under solicitation No. 19AQMM18R0065 through the National Institutes of Health's CIO-SP3 governmentwide acquisition contract for server and software deployment services for the Department of State's Office of Consular Systems and Technology. The protester contends that the agency erred in concluding
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WASHINGTON, Aug. 1 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by Vistronix of Reston, Virginia.
According to the GAO, Vistronix "protests its exclusion from competition for the service delivery outreach and operations support (SDO2) task order, issued under solicitation No. 19AQMM18R0065 through the National Institutes of Health's CIO-SP3 governmentwide acquisition contract for server and software deployment services for the Department of State's Office of Consular Systems and Technology. The protester contends that the agency erred in concludingthat it had an unmitigatable organizational conflict of interest (OCI), and that, with appropriate mitigations, it should remain eligible to compete for the task order."
The bid protest decision (B-416916.2) was issued on July 29, 2019 (https://www.gao.gov/products/B-416916.2).
In its findings, the GAO said: "Protest challenging agency's exclusion of protester from task order competition due to an organizational conflict of interest is dismissed as untimely when filed more than ten days after the agency informed the protester that the agency was rescinding its task order award due to an unmitigatable organizational conflict of interest."
The participants in the case included: Damien C. Specht and James Tucker, Morrison & Foerster, for the protester. Kathleen D. Martin, Department of State, for the agency. Michael Willems, and Edward Goldstein, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Adams & Associates of Reno, Nevada
WASHINGTON, July 31 -- The Government Accountability Office has issued a decision denying a bid protest filed by Adams and Associates of Reno, Nevada.
According to the GAO, Adams & Associates "protests the award of a contract to Management & Training Corporation (MTC), of Centerville, Utah, under request for proposals (RFP) No. 1630J1-18-N-00001, issued by the Department of Labor (DOL), for the operation of the St. Louis Job Corps Center. The protester challenges the agency's evaluation of its proposal and the selection decision."
The bid protest decision (B-417495) was issued on July 23, 2019
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WASHINGTON, July 31 -- The Government Accountability Office has issued a decision denying a bid protest filed by Adams and Associates of Reno, Nevada.
According to the GAO, Adams & Associates "protests the award of a contract to Management & Training Corporation (MTC), of Centerville, Utah, under request for proposals (RFP) No. 1630J1-18-N-00001, issued by the Department of Labor (DOL), for the operation of the St. Louis Job Corps Center. The protester challenges the agency's evaluation of its proposal and the selection decision."
The bid protest decision (B-417495) was issued on July 23, 2019(https://www.gao.gov/products/B-417495).
In its findings, the GAO said: "Protest challenging the agency's evaluation of the protester's proposal as unacceptable is denied where the evaluation was reasonable and consistent with the terms of the solicitation."
The participants in the case included: Katie A. Calogero and Anne B. Perry, Sheppard Mullin Richter & Hampton, for the protester. Alex P. Hontos, and Daniel Falknor, Dorsey & Whitney, for Mananagement & Training Corporation, the intervenor. Virginia Ackerman, Dennis A. Adelson, Jose Otero, Department of Labor, for the agency. Robert J. Y. Nunnery, Young H. Cho, and Peter H. Tran, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Dismisses in Part Protest by Coast to Coast Computer Products of Simi Valley, California
WASHINGTON, July 31 -- The Government Accountability Office has issued a decision dismissing in part and denying in part a bid protest filed by Coast to Coast Computer Products of Simi Valley, California.
According to the GAO, Coast to Coast Computer Products "protests the terms of request for quotations (RFQ) No. 47QTCA-19-Q-0009, issued by the General Services Administration (GSA) for the establishment of multiple-award blanket purchase agreements (BPAs) for information technology (IT) equipment, software, and ancillary supplies and services. The protester argues that the solicitation improperly
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WASHINGTON, July 31 -- The Government Accountability Office has issued a decision dismissing in part and denying in part a bid protest filed by Coast to Coast Computer Products of Simi Valley, California.
According to the GAO, Coast to Coast Computer Products "protests the terms of request for quotations (RFQ) No. 47QTCA-19-Q-0009, issued by the General Services Administration (GSA) for the establishment of multiple-award blanket purchase agreements (BPAs) for information technology (IT) equipment, software, and ancillary supplies and services. The protester argues that the solicitation improperlyconsolidates numerous existing contracts for IT supplies and services, and that the agency failed to comply with a statutory requirement to consider the consolidation's potential economic effect on small businesses. In addition, CTC alleges that certain terms of the solicitation are overly restrictive."
The bid protest decision (B-417500,B-417500.2) was issued on July 29, 2019 (https://www.gao.gov/products/B-417500,B-417500.2).
In its findings, the GAO said: "1. Protest that an agency, in a solicitation for the establishment of multiple blanket purchase agreements, has failed to meet the consolidation analysis requirements of the Small Business Jobs Act (SBJA) is denied where the plain language of the SBJA does not support the protester's assertion that such analysis was required.
2. Protest that an agency abused its discretion when it decided not to set a blanket purchase agreement solicitation aside for small businesses is denied where the agency's decision was reasonable.
3. Supplemental protest challenging the terms of the solicitation is dismissed as untimely where the alleged solicitation improprieties were apparent from the solicitation but were not protested prior to the closing time for submitting quotations."
The participants in the case included: Rick Vogel for the protester.
Jaron Chrissand Lindsay Collins, General Services Administration; and John W. Klein, and Sam Q. Le, Small Business Administration, for the agency. Kasia Dourney, and Christina Sklarew, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Dismisses in Part Protest by Cashman Dredging & Marine Contracting of Quincy, Massachusetts
WASHINGTON, July 30 -- The Government Accountability Office has issued a decision dismissing in part and denying in part a bid protest filed by Cashman Dredging and Marine Contracting of Quincy, Massachusetts.
According to the GAO, Cashman Dredging & Marine Contracting "protests the terms of solicitation No. W912HP18B0004, issued by the Department of the Army, Corps of Engineers (Corps), for dredging services near Charleston, South Carolina. Cashman contends that the solicitation did not provide sufficient geotechnical data, did not allow sufficient time for firms to perform test digs at the dredging
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WASHINGTON, July 30 -- The Government Accountability Office has issued a decision dismissing in part and denying in part a bid protest filed by Cashman Dredging and Marine Contracting of Quincy, Massachusetts.
According to the GAO, Cashman Dredging & Marine Contracting "protests the terms of solicitation No. W912HP18B0004, issued by the Department of the Army, Corps of Engineers (Corps), for dredging services near Charleston, South Carolina. Cashman contends that the solicitation did not provide sufficient geotechnical data, did not allow sufficient time for firms to perform test digs at the dredgingsite, and that the agency failed to reasonably accommodate Cashman's requests to perform a test dig. Cashman also argues that the solicitation contains an ambiguity with respect to the basis for award."
The bid protest decision (B-417213.3,B-417213.4) was issued on July 19, 2019 (https://www.gao.gov/products/B-417213.3,B-417213.4).
In its findings, the GAO said: "1. Protest challenging the agency's failure to provide adequate geotechnical data and sufficient time and accommodation to conduct test digs at project site is dismissed where the protester failed to timely challenge improprieties in the solicitation prior to bid opening.
2. Protest challenging an alleged ambiguity with the solicitation's basis for award is denied where the protester's interpretation of the solicitation is unreasonable."
The participants in the case included: Jonathan M. Baker, Zachary H. Schroeder and Christian N. Curran, Crowell & Moring LLP, for the protester. John P. Kassebaum, Department of the Army, for the agency. Michael P. Grogan, and Amy B. Pereira, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Up-Side Management of Hubert, North Carolina
WASHINGTON, July 30 -- The Government Accountability Office has issued a decision denying a bid protest filed by Up-Side Management of Hubert, North Carolina.
According to the GAO, Up-Side Management "protests the award of contracts to five contractors under request for proposals (RFP) No. N40085-19-R-8000, issued by the Department of the Navy, Naval Facilities Engineering Command for maintenance and repair construction projects in New River, North Carolina and surrounding areas. Up-side challenges the agency's evaluation of the awardees' proposals."
The bid protest decision (B-417440,B-417440.2)
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WASHINGTON, July 30 -- The Government Accountability Office has issued a decision denying a bid protest filed by Up-Side Management of Hubert, North Carolina.
According to the GAO, Up-Side Management "protests the award of contracts to five contractors under request for proposals (RFP) No. N40085-19-R-8000, issued by the Department of the Navy, Naval Facilities Engineering Command for maintenance and repair construction projects in New River, North Carolina and surrounding areas. Up-side challenges the agency's evaluation of the awardees' proposals."
The bid protest decision (B-417440,B-417440.2)was issued on July 8, 2019 (https://www.gao.gov/products/B-417440,B-417440.2).
In its findings, the GAO said: "Protest against an agency's evaluation of five awardees' non-price proposals is denied where the record shows the allegations are without merit, or that any alleged evaluation errors did not result in competitive prejudice to the protester."
The participants in the case included: Peter B. Ford, Meghan F. Leemon and Samuel S. Finnerty, Piliero Mazza, for the protester. Colleen M. Shook, Naval Facilities Engineering Command, for the agency. Lois Hanshaw, and Christina Sklarew, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Pro Tech Services USA of McLean, Virginia
WASHINGTON, July 28 -- The Government Accountability Office has issued a decision denying a bid protest filed by Pro Tech Services USA of McLean, Virginia.
According to the GAO, Pro Tech Services USA "protests its elimination from the competition for request for proposals (RFP) No. 70SBUR19R000000002 by the Department of Homeland Security (DHS), U.S. Citizen and Immigration Services (USCIS), a decision DHS made because ProTech failed to provide evidence of a facility clearance. The agency issued the RFP in order to acquire service center operations support, including correspondence management,
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WASHINGTON, July 28 -- The Government Accountability Office has issued a decision denying a bid protest filed by Pro Tech Services USA of McLean, Virginia.
According to the GAO, Pro Tech Services USA "protests its elimination from the competition for request for proposals (RFP) No. 70SBUR19R000000002 by the Department of Homeland Security (DHS), U.S. Citizen and Immigration Services (USCIS), a decision DHS made because ProTech failed to provide evidence of a facility clearance. The agency issued the RFP in order to acquire service center operations support, including correspondence management,data collection, and fee collection services. Because the correspondence management function includes the processing of mail classified at the secret level, the RFP required offerors to provide evidence of facility clearance. The protester contends that the agency's evaluation of the facilities clearance requirement was properly a responsibility determination that the agency was required to refer to the Small Business Administration (SBA) for adjudication."
The bid protest decision (B-417484) was issued on July 19, 2019 (https://www.gao.gov/products/B-417484).
In its findings, the GAO said: "Protest is denied where protester failed to comply with a material solicitation requirement regarding facility clearances."
The participants in the case included: John R. Tolle and H. Todd Whay, Baker, Cronogue, Tolle & Werfel, for the protester. Eric C. Crane, and Beth Sturgess, Department of Homeland Security, for the agency. Stephanie B. Magnell, and Amy B. Pereira, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Safal Partners of Houston, Texas
WASHINGTON, July 28 -- The Government Accountability Office has issued a decision denying a bid protest filed by Safal Partners of Houston, Texas.
protests the issuance of a task order (TO) to Manhattan Strategy Group, LLC (MSG), of Bethesda, Maryland, under request for quotations (RFQ) No. 91990018Q0023, issued by the Department of Education for support of the Charter Schools Program (CSP). Safal contends that the agency engaged in improper discussions when it permitted MSG to make material changes to its quotation without conducting discussions with other vendors, including Safal.
The bid protest
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WASHINGTON, July 28 -- The Government Accountability Office has issued a decision denying a bid protest filed by Safal Partners of Houston, Texas.
protests the issuance of a task order (TO) to Manhattan Strategy Group, LLC (MSG), of Bethesda, Maryland, under request for quotations (RFQ) No. 91990018Q0023, issued by the Department of Education for support of the Charter Schools Program (CSP). Safal contends that the agency engaged in improper discussions when it permitted MSG to make material changes to its quotation without conducting discussions with other vendors, including Safal.
The bid protestdecision (B-416937.3) was issued on June 26, 2019 (https://www.gao.gov/products/B-416937.3).
In its findings, the GAO said: "The record does not support the protester's contention that the agency permitted only the successful vendor to revise its quotation; consequently, we deny the protest that the agency improperly held discussions with the awardee but not the protester."
The participants in the case included: Adam K. Lasky, David Y. Yang and Emily A. Yoshiwara, Oles Morrison Rinker & Baker, for the protester. Michelle E. Litteken, Antonio R. Franco, Patrick T. Rothwell, and Timothy F. Valley, Piliero Mazza, for Manhattan Strategy Group, the intervenor. Michael S. Taylor, Department of Education, for the agency. Kenneth Kilgour, and Jennifer D. Westfall-McGrail, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Dismisses in Part Protest by Bridge General Trading & Contracting of Kuwait City, Kuwait
WASHINGTON, July 28 -- The Government Accountability Office has issued a decision dismissing in part and denying in part a bid protest filed by Bridge General Trading and Contracting of Kuwait City, Kuwait.
According to the GAO, Bridge General Trading & Contracting "protests the award of an indefinite-delivery, indefinite-quantity (IDIQ) contract to Al Qabandi United Company W.L.L. (Al Qabandi), located in Salmiya, Kuwait, under request for proposals (RFP) No. FA5703-18-R-0010, issued by Department of the Air Force, for the lease of non-tactical vehicles. The Bridge Company challenges the Air
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WASHINGTON, July 28 -- The Government Accountability Office has issued a decision dismissing in part and denying in part a bid protest filed by Bridge General Trading and Contracting of Kuwait City, Kuwait.
According to the GAO, Bridge General Trading & Contracting "protests the award of an indefinite-delivery, indefinite-quantity (IDIQ) contract to Al Qabandi United Company W.L.L. (Al Qabandi), located in Salmiya, Kuwait, under request for proposals (RFP) No. FA5703-18-R-0010, issued by Department of the Air Force, for the lease of non-tactical vehicles. The Bridge Company challenges the AirForce's evaluation of the protester's and awardee's proposals. The protester also alleges that the awardee and several other offerors have engaged in collusive bidding."
The bid protest decision (B-417085.2,B-417085.4,B-417085.5) was issued on July 24, 2019 (https://www.gao.gov/products/B-417085.2,B-417085.4,B-417085.5).
In its findings, the GAO said: "1. Protest challenging the agency's evaluation of the awardee's proposal is denied where the record reflects that the evaluation was reasonable and consistent with the terms of the solicitation.
2. Protest alleging that the agency erred by not evaluating the protester's proposal is dismissed where the solicitation provided for the evaluation of the three lowest-priced proposals in a procurement conducted using a lowest-priced, technically acceptable evaluation scheme, and where the protester's proposal was not one of the three lowest-priced proposals.
3. Protester challenging the agency's methodology for calculating offerors' total prices is dismissed as an untimely challenge to the terms of the solicitation.
4. Protest alleging that the awardee and other offerors engaged in collusive bidding is dismissed as a matter that is not within the purview of our Office."
The participants in the case included: Fouad Rouh for the protester.
Christopher S. Cole and Alexis J. Bernstein, Department of the Air Force, for the agency. Elizabeth Witwer, and Jennifer D. Westfall-McGrail, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Dismisses Protest by Asahi General Trading & Contracting of Safat, Kuwait
WASHINGTON, July 28 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by Asahi General Trading and Contracting of Safat, Kuwait.
According to the GAO, Asahi General Trading & Contracting "protests the Defense Logistics Agency's (DLA) "planned award of a new, non-competitive, six-month [scrap sales] contract to Royal Bridge International (RBI)." Protest at 1. Asahi asserts that the award of a "bridge contract" to RBI "lacks a valid legal basis" and should, rather, be given to Asahi as an extension to Asahi's incumbent contract. Id at 1-2."
The bid protest
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WASHINGTON, July 28 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by Asahi General Trading and Contracting of Safat, Kuwait.
According to the GAO, Asahi General Trading & Contracting "protests the Defense Logistics Agency's (DLA) "planned award of a new, non-competitive, six-month [scrap sales] contract to Royal Bridge International (RBI)." Protest at 1. Asahi asserts that the award of a "bridge contract" to RBI "lacks a valid legal basis" and should, rather, be given to Asahi as an extension to Asahi's incumbent contract. Id at 1-2."
The bid protestdecision (B-417650) was issued on July 24, 2019 (https://www.gao.gov/products/B-417650).
In its findings, the GAO said: "Where protest to our Office raises the same issues as those presented in a prior agency-level protest that was not timely filed, the protest to our Office is not timely filed."
The participants in the case included: Ahmad Al-Far for the protester. Robin E. Walters, Defense Logistics Agency, for the agency. Glenn G. Wolcott, and Christina Sklarew, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Sustains Protest by Valkyrie Enterprises of Virginia Beach, Virginia
WASHINGTON, July 28 -- The Government Accountability Office has issued a decision sustaining a bid protest filed by Valkyrie Enterprises of Virginia Beach, Virginia.
According to the GAO, Valkyrie Enterprises "protests the issuance of a task order to The McHenry Management Group, Inc. (McHenry), a small business of Chesapeake, Virginia, under request for proposals (RFP) No. N00024-16-R-3157, which was issued by the Department of the Navy to provide engineering, logistics and program support services for the Naval Surface Warfare Center, Philadelphia Division. The protester contends that the agency
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WASHINGTON, July 28 -- The Government Accountability Office has issued a decision sustaining a bid protest filed by Valkyrie Enterprises of Virginia Beach, Virginia.
According to the GAO, Valkyrie Enterprises "protests the issuance of a task order to The McHenry Management Group, Inc. (McHenry), a small business of Chesapeake, Virginia, under request for proposals (RFP) No. N00024-16-R-3157, which was issued by the Department of the Navy to provide engineering, logistics and program support services for the Naval Surface Warfare Center, Philadelphia Division. The protester contends that the agencyconducted a flawed cost realism evaluation, that the awardee does not intend to provide the key personnel proposed, and that there were errors in the agency's best-value tradeoff decision."
The bid protest decision (B-415633.3) was issued on July 11, 2019 (https://www.gao.gov/products/B-415633.3).
In its findings, the GAO said: "1. Protest challenging the agency's cost realism evaluation is sustained where the agency's evaluation failed to reasonably evaluate the protester's proposed direct labor rates.
2. Protest asserting that the awardee intended to perform an improper bait and switch is dismissed where the protester fails to allege "baiting," that is, replacing proposed personnel with less qualified employees."
The participants in the case included: J. Bradley Reaves and Beth V. McMahon, ReavesColey, for the protester. Gerald H. Werfel, and H. Todd Whay, Baker, Cronogue, Tolle & Werfel, for The McHenry Management Group, the intervenor.
Paul Scheck, Department of the Navy, for the agency. Stephanie B. Magnell, and Amy B. Pereira, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies in Part Protest by Integrity National Corp. of Silver Spring, Maryland.
WASHINGTON, July 25 -- The Government Accountability Office has issued a decision denying in part and dismissing in part a bid protest filed by Integrity National Corp. of Silver Spring, Maryland.
According to the GAO, Integrity National Corp. "protests the terms of request for proposals (RFP) No. N40085-19-R-9047, issued by the Department of the Navy, Naval Facilities Engineering Command, for custodial services at the Portsmouth Naval Shipyard in Kittery, Maine. Integrity contends that the solicitation does not provide sufficient information for offerors to calculate the health benefits that
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WASHINGTON, July 25 -- The Government Accountability Office has issued a decision denying in part and dismissing in part a bid protest filed by Integrity National Corp. of Silver Spring, Maryland.
According to the GAO, Integrity National Corp. "protests the terms of request for proposals (RFP) No. N40085-19-R-9047, issued by the Department of the Navy, Naval Facilities Engineering Command, for custodial services at the Portsmouth Naval Shipyard in Kittery, Maine. Integrity contends that the solicitation does not provide sufficient information for offerors to calculate the health benefits thatare part of the labor costs required under the solicitation. Integrity also contends that the procurement should have been set aside for small businesses."
The bid protest decision (B-417545) was issued on July 24, 2019 (https://www.gao.gov/products/B-417545).
In its findings, the GAO said: "1. Protest that a solicitation does not contain sufficient information for offerors to calculate required health benefits is denied where the solicitation provides offerors with sufficient information to compete intelligently and on a relatively equal basis.
2. Protest that a solicitation should be set aside for small businesses is dismissed where the protester has not established that it is an interested party."
The participants in the case included: Ruth E. Ganister, Rosenthal and Ganister, for the protester. Alanna B. Whybrew, Department of the Navy, for the agency. April Y. Shields, and Christina Sklarew, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Booz Allen Hamilton of McLean, Virginia
WASHINGTON, July 23 -- The Government Accountability Office has issued a decision denying a bid protest filed by Booz Allen Hamilton of McLean, Virginia.
According to the GAO, Booz Allen Hamilton "protests the issuance of a task order to Leidos, Inc., of Reston, Virginia, under task order request (TOR) No. 47QFCA19K0006, by the General Services Administration (GSA), for intelligence, surveillance, and reconnaissance (ISR) services in support of the Department of the Air Force (AF), Air Combat Command (ACC). The protester challenges the agency's evaluation of the proposals and the source selection
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WASHINGTON, July 23 -- The Government Accountability Office has issued a decision denying a bid protest filed by Booz Allen Hamilton of McLean, Virginia.
According to the GAO, Booz Allen Hamilton "protests the issuance of a task order to Leidos, Inc., of Reston, Virginia, under task order request (TOR) No. 47QFCA19K0006, by the General Services Administration (GSA), for intelligence, surveillance, and reconnaissance (ISR) services in support of the Department of the Air Force (AF), Air Combat Command (ACC). The protester challenges the agency's evaluation of the proposals and the source selectiondecision."
The bid protest decision (B-417418,B-417418.2,B-417418.3) was issued on July 3, 2019 (https://www.gao.gov/products/B-417418,B-417418.2,B-417418.3).
In its findings, the GAO said: "Protest challenging agency's evaluation of proposals and source selection decision is denied where the protester failed to demonstrate that, but for the apparent errors in its evaluation, it would have had a substantial possibility of receiving the award."
The participants in the case included: Jason A. Carey, J. Hunter Bennett, Kayleigh M. Scalzo, Evan R. Sherwood and Peter B. Terenzio III, Covington & Burling, for the protester. J. Scott Hommer III, Rebecca E. Pearson, and Christopher G. Griesedieck, Venable, for Leidos, the intervenor. Jennifer L. Howard, General Services Administration, for the agency. Young H. Cho, and Peter H. Tran, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Harmonia Holdings Group of Blacksburg, Virginia
WASHINGTON, July 23 -- The Government Accountability Office has issued a decision denying a bid protest filed by Harmonia Holdings Group of Blacksburg, Virginia.
According to the GAO, Harmonia Holdings Group "protests the issuance of a sole-source order to The MIL Corporation, of Bowie, Maryland, under request for quotations (RFQ) No. 1331L5-19-S-1350-0001, issued by the Department of Commerce, International Trade Administration, for the completion of ongoing application development services. Harmonia contends that the agency's decision to issue the order on a noncompetitive basis as a logical
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WASHINGTON, July 23 -- The Government Accountability Office has issued a decision denying a bid protest filed by Harmonia Holdings Group of Blacksburg, Virginia.
According to the GAO, Harmonia Holdings Group "protests the issuance of a sole-source order to The MIL Corporation, of Bowie, Maryland, under request for quotations (RFQ) No. 1331L5-19-S-1350-0001, issued by the Department of Commerce, International Trade Administration, for the completion of ongoing application development services. Harmonia contends that the agency's decision to issue the order on a noncompetitive basis as a logicalfollow-on to a previously issued order was unreasonable."
The bid protest decision (B-417465) was issued on July 16, 2019 (https://www.gao.gov/products/B-417465).
In its findings, the GAO said: "Protest challenging the issuance of a noncompetitive logical follow-on order under a Federal Supply Schedule contract is denied where the order was reasonably issued to the incumbent in the interest of economy and efficiency pursuant to the authority of Federal Acquisition Regulation Sec. 8.405-6(a)(1)(i)(C)."
The participants in the case included: Emily J. Chancey, W. Brad English, J. Andrew Watson III, J. Dale Gipson and Michael W. Rich, Maynard Cooper & Gale, for the protester. Paul F. Khoury, Samantha S. Lee, and Lindy C. Bathurst, Wiley Rein, for The MIL Corpo., the intervenor. Jonathan Baker, Department of Commerce, for the agency. Elizabeth Witwer, and Jennifer D. Westfall-McGrail, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by VBC Commercial Services of Killeen, Texas
WASHINGTON, July 23 -- The Government Accountability Office has issued a decision denying a bid protest filed by VBC Commercial Services of Killeen, Texas.
According to the GAO, VBC Commercial Services "protests the award of a contract to Aquarius Contractors, Inc., of Shreveport, Louisiana, also a small business, under request for proposals (RFP) No. W91151-19-R-0020, issued by the Department of the Army for commercial grounds maintenance services at Fort Hood, Texas. VBC argues that the Army unreasonably evaluated its proposal as unacceptable and improperly made award to Aquarius at a higher
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WASHINGTON, July 23 -- The Government Accountability Office has issued a decision denying a bid protest filed by VBC Commercial Services of Killeen, Texas.
According to the GAO, VBC Commercial Services "protests the award of a contract to Aquarius Contractors, Inc., of Shreveport, Louisiana, also a small business, under request for proposals (RFP) No. W91151-19-R-0020, issued by the Department of the Army for commercial grounds maintenance services at Fort Hood, Texas. VBC argues that the Army unreasonably evaluated its proposal as unacceptable and improperly made award to Aquarius at a higherprice."
The bid protest decision (B-417528) was issued on July 15, 2019 (https://www.gao.gov/products/B-417528).
In its findings, the GAO said: "Protest that agency misevaluated protester's proposal as unacceptable is denied where, with respect to at least one subfactor, the record shows the evaluation was reasonable and consistent with the solicitation, which made its proposal unacceptable overall, so protester was not prejudiced by alleged misevaluation under other subfactors."
The participants in the case included: Sarah Schauerte Reida, Legal Meets Practical, for the protester. Scott N. Flesch, and Capt. Richard W. Hagner, Department of the Army, for the agency. Paul N. Wengert, and Tania Calhoun, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by L3 Security and Detection Systems of Tewksbury, Massachusetts
WASHINGTON, July 20 -- The Government Accountability Office has issued a decision denying a bid protest filed by L3 Security and Detection Systems of Tewksbury, Massachusetts.
According to the GAO, L3 Security and Detection Systems "protests the award of a contract to Smiths Detection, Inc., of Edgewood, Maryland, under Request for Proposals (RFP) No. 70T04018R9DAP2080, which was issued by the Department of Homeland Security, Transportation Security Administration (TSA), for advanced technology/computed tomography (AT/CT) systems, simulators, program management, warranties, configuration management
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WASHINGTON, July 20 -- The Government Accountability Office has issued a decision denying a bid protest filed by L3 Security and Detection Systems of Tewksbury, Massachusetts.
According to the GAO, L3 Security and Detection Systems "protests the award of a contract to Smiths Detection, Inc., of Edgewood, Maryland, under Request for Proposals (RFP) No. 70T04018R9DAP2080, which was issued by the Department of Homeland Security, Transportation Security Administration (TSA), for advanced technology/computed tomography (AT/CT) systems, simulators, program management, warranties, configuration managementservices, and shipping and installation services. L3 challenges the agency's evaluation of proposals, and resulting source selection decision."
The bid protest decision (B-417463,B-417463.2) was issued on July 8, 2019 (https://www.gao.gov/products/B-417463,B-417463.2).
In its findings, the GAO said: "Protest challenging the agency's evaluation of proposals is denied where the agency's evaluation was reasonable and consistent with the terms of the solicitation."
The participants in the case included: W. Jay DeVecchio, Sandeep N. Nandivada and Caitlin A. Crujido, Morrison & Foerster, for the protester. Jonathan D. Shaffer, Armani Vadiee, and Mary Pay Buckenmeyer, Smith Pachter McWhorter, for Smiths Detection, the intervenor. David R. Cutler, Michael Kiffney, Maged Sharabi, and Thomas McGivern, Department of Homeland Security, for the agency.
Evan D. Wesser, and Edward Goldstein, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Raytheon Blackbird Technologies of Herndon, Virginia
WASHINGTON, July 20 -- The Government Accountability Office has issued a decision denying a bid protest filed by Raytheon Blackbird Technologies of Herndon, Virginia.
According to the GAO, Raytheon Blackbird Technologies "protests the issuance of a task order to BAE Systems Technology Solutions & Services, Inc. (BAE), of Rockville, Maryland, under request for proposals (RFP) No. N65236-18-R-3119, issued by the Department of the Navy, Naval Information Warfare Center, Atlantic, for tagging, tracking, and locating (TTL) services. RBT alleges that the agency unreasonably evaluated the proposals."
The
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WASHINGTON, July 20 -- The Government Accountability Office has issued a decision denying a bid protest filed by Raytheon Blackbird Technologies of Herndon, Virginia.
According to the GAO, Raytheon Blackbird Technologies "protests the issuance of a task order to BAE Systems Technology Solutions & Services, Inc. (BAE), of Rockville, Maryland, under request for proposals (RFP) No. N65236-18-R-3119, issued by the Department of the Navy, Naval Information Warfare Center, Atlantic, for tagging, tracking, and locating (TTL) services. RBT alleges that the agency unreasonably evaluated the proposals."
Thebid protest decision (B-417522,B-417522.2) was issued on July 11, 2019 (https://www.gao.gov/products/B-417522,B-417522.2).
In its findings, the GAO said: "1. Protest that the agency unreasonably evaluated the protester's technical proposal is denied where the record shows that the agency's evaluation was consistent with the proposal and the solicitation's evaluation criteria.
2. Protest that the agency unreasonably conducted its cost realism evaluation is denied where the record shows that the agency exercised informed judgment in making upward adjustments to the protester's proposed costs."
The participants in the case included: Robert M. Moore, Richard O. Wolf and John A. Bertino, Moore & Lee, and Gregory Moffatt, Raytheon, for the protester. Jamie F. Tabb, Elizabeth Krabill McIntyre, and John M. Satira, Vinson & Elkins, and Catherine K. Ronis, BAE Systems, for BAE Systems Technology Solutions & Services, the intervenor. Scott McGuigan, and David D. Perrone, Department of the Navy, 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 SigNet Technologies of Beltsville, Maryland
WASHINGTON, July 20 -- The Government Accountability Office has issued a decision denying a bid protest filed by SigNet Technologies of Beltsville, Maryland.
According to the GAO, SigNet Technologies "protests the rejection of its proposal by the Department of the Navy, Space and Naval Warfare Systems Command (SPAWAR), under Request for Proposals (RFP) No. N65236-18-R-0222 for electronic security system (ESS) and emergency management system (EMS) services. Based on its multiple attempts to submit its proposal, SigNet contends that the Navy should have received and considered its proposal."
The
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WASHINGTON, July 20 -- The Government Accountability Office has issued a decision denying a bid protest filed by SigNet Technologies of Beltsville, Maryland.
According to the GAO, SigNet Technologies "protests the rejection of its proposal by the Department of the Navy, Space and Naval Warfare Systems Command (SPAWAR), under Request for Proposals (RFP) No. N65236-18-R-0222 for electronic security system (ESS) and emergency management system (EMS) services. Based on its multiple attempts to submit its proposal, SigNet contends that the Navy should have received and considered its proposal."
Thebid protest decision (B-417435) was issued on July 3, 2019 (https://www.gao.gov/products/B-417435).
In its findings, the GAO said: "Protest that agency improperly rejected protester's proposal as late is denied where the protester's attempted submissions were not received prior to the time for receipt of initial proposals and none of the late proposal exceptions in Federal Acquisition Regulation provision 52.215-1(c)(3) are applicable."
The participants in the case included: Ira E. Hoffman, Butzel Long, for the protester. David White, Department of the Navy, for the agency. Christopher Alwood, and Edward Goldstein, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by American Systems Corp. of Chantilly, Virginia
WASHINGTON, July 19 -- The Government Accountability Office has issued a decision denying a bid protest filed by American Systems Corp. of Chantilly, Virginia.
According to the GAO, American Systems Corp. "protests the award of an indefinite-delivery, indefinite-quantity (IDIQ) contract to Ideal Innovations, Inc. (I3), of Arlington, Virginia, under request for proposals (RFP) No. PR-19-00001, issued by the Department of Justice, Federal Bureau of Investigation (FBI), for latent print support services in Quantico, Virginia, and Huntsville, Alabama. ASC argues that I3 should have been ineligible
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WASHINGTON, July 19 -- The Government Accountability Office has issued a decision denying a bid protest filed by American Systems Corp. of Chantilly, Virginia.
According to the GAO, American Systems Corp. "protests the award of an indefinite-delivery, indefinite-quantity (IDIQ) contract to Ideal Innovations, Inc. (I3), of Arlington, Virginia, under request for proposals (RFP) No. PR-19-00001, issued by the Department of Justice, Federal Bureau of Investigation (FBI), for latent print support services in Quantico, Virginia, and Huntsville, Alabama. ASC argues that I3 should have been ineligiblefor award because it materially misrepresented the availability of certain key personnel, and failed to provide letters of intent for those personnel, as required by the RFP. The protester also challenges the evaluation of its proposal under the technical factors, as well as the best-value decision."
The bid protest decision (B-417387,B-417387.2) was issued on June 11, 2019 (https://www.gao.gov/products/B-417387,B-417387.2).
In its findings, the GAO said: "1. Protest that awardee engaged in an impermissible bait and switch of its key personnel is denied where there is no evidence that awardee misrepresented the availability, or sought to replace, its key personnel.
2. Protest is denied where the agency reasonably concluded that awardee's letters of intent provided reasonable assurance that the individuals would be available to perform on the contract.
3. Protest challenging agency's evaluation of its proposal is denied where the agency's evaluation was reasonable and consistent with the terms of the solicitation."
The participants in the case included: Katherine Burrows and Nathanael D. Hartland, Nelson Mullins Riley & Scarborough, for the protester. John E. McCarthy, Jr., and Zachary H. Schroeder, Crowell & Moring, for Ideal Innovations, the intervenor. Michael P. Giordano, Department of Justice, for the agency. Michael P. Grogan, and Amy B. Pereira, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by OSC-NDF of Atlanta, Georgia.
WASHINGTON, July 19 -- The Government Accountability Office has issued a decision denying a bid protest filed by OSC-NDF of Atlanta, Georgia.
According to the GAO, OSC-NDF "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-415716.21) was issued on April 10, 2019 (https://www.gao.gov/products/B-415716.21).
In its findings, the GAO said: "Protest challenging the agency's evaluation of protester's proposal under the past performance
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WASHINGTON, July 19 -- The Government Accountability Office has issued a decision denying a bid protest filed by OSC-NDF of Atlanta, Georgia.
According to the GAO, OSC-NDF "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-415716.21) was issued on April 10, 2019 (https://www.gao.gov/products/B-415716.21).
In its findings, the GAO said: "Protest challenging the agency's evaluation of protester's proposal under the past performanceevaluation factor is denied where the record shows that the evaluation was reasonable and consistent with the solicitation."
The participants in the case included: Stuart W. Turner, and Michael Samuels, Arnold & Porter Kaye Scholer, for the protester. Alexis J. Bernstein, Jason R. Smith, and Frank 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 Protest by Solution One Industries of Killeen, Texas
WASHINGTON, July 19 -- The Government Accountability Office has issued a decision denying a bid protest filed by Solution One Industries of Killeen, Texas.
According to the GAO, Solution One Industries "protests the award of a contract to Pinnacle Solutions, Inc., a small business of Huntsville, Alabama, under request for proposal (RFP) No. W900KK-18-R-0006, issued by the Army Contracting Command--Orlando (Army) for unmanned aircraft system instruction and mission support (UAS IMS) at Fort Huachuca, Arizona. The protester argues that the agency unreasonably and disparately evaluated the protester's
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WASHINGTON, July 19 -- The Government Accountability Office has issued a decision denying a bid protest filed by Solution One Industries of Killeen, Texas.
According to the GAO, Solution One Industries "protests the award of a contract to Pinnacle Solutions, Inc., a small business of Huntsville, Alabama, under request for proposal (RFP) No. W900KK-18-R-0006, issued by the Army Contracting Command--Orlando (Army) for unmanned aircraft system instruction and mission support (UAS IMS) at Fort Huachuca, Arizona. The protester argues that the agency unreasonably and disparately evaluated the protester'sand awardee's technical proposals, conducted an unreasonable cost realism analysis, and performed a flawed best-value tradeoff."
The bid protest decision (B-417441,B-417441.2,B-417441.3) was issued on July 9, 2019 (https://www.gao.gov/products/B-417441,B-417441.2,B-417441.3).
In its findings, the GAO said: "1. Protest that the agency unreasonably and unequally evaluated offerors' technical proposals is denied where, despite errors in the evaluation, the record does not show that the protester was prejudiced by such errors.
2. Protest challenging the agency's cost realism calculation and adjustment is denied where the agency's cost realism adjustment of the offerors' cost was reasonable and consistent with the solicitation, and any errors in calculations did not prejudice the protester.
3. Protest challenging the agency's best-value tradeoff decision is denied where the agency's decision was reasonable and in accordance with the solicitation."
The participants in the case included: Isaias Alba IV, Julia Di Vito, Jacqueline K. Unger, and Timothy F. Valley, Piliero Mazza, for the protester.
Aron C. Beezley, Patrick R. Quigley, and Sarah S. Osborne, Bradley Arant Boult Cummings, for Pinnacle Solutions, the intervenor. Wade L. Brown, and Deborah Muldoon, Department of the Army, for the agency. Uri R. Yoo, and Laura Eyester, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by AvKARE of Pulaski, Tennessee
WASHINGTON, July 19 -- The Government Accountability Office has issued a decision denying a bid protest filed by AvKARE of Pulaski, Tennessee.
According to the GAO, AvKARE "protests the agency's cancellation of request for proposals (RFP) No. 36E79719R0003, issued by the Department of Veterans Affairs (VA) for the provision of sildenafil citrate tablets. The protester argues that the agency's decision to cancel the solicitation was unreasonable."
The bid protest decision (B-417250) was issued on April 18, 2019 (https://www.gao.gov/products/B-417250).
In its findings, the GAO said: "Protest that
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WASHINGTON, July 19 -- The Government Accountability Office has issued a decision denying a bid protest filed by AvKARE of Pulaski, Tennessee.
According to the GAO, AvKARE "protests the agency's cancellation of request for proposals (RFP) No. 36E79719R0003, issued by the Department of Veterans Affairs (VA) for the provision of sildenafil citrate tablets. The protester argues that the agency's decision to cancel the solicitation was unreasonable."
The bid protest decision (B-417250) was issued on April 18, 2019 (https://www.gao.gov/products/B-417250).
In its findings, the GAO said: "Protest thatthe agency improperly cancelled the solicitation is denied where the agency had a reasonable basis for the cancellation."
The participants in the case included: Julie M. Nichols, Roeder, Cochran, Phillips, for the protester. Jennifer Claypool, Department of Veterans Affairs, for the agency. Joshua R. Gillerman, and Tania Calhoun, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Insight Technology Solutions of Bowie, Maryland
WASHINGTON, July 19 -- The Government Accountability Office has issued a decision denying a bid protest filed by Insight Technology Solutions of Bowie, Maryland.
According to the GAO, Insight Technology Solutions "protests the issuance of a task order to BB&E, Inc., a small business of Northville, Michigan, pursuant to fair opportunity proposal request (FOPR) No. FA4890-19-R-9956, under the General Services Administration's (GSA) OASIS Small Business indefinite-delivery, indefinite-quantity contract for engineering and environmental advisory and assistance program support services for the Air
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WASHINGTON, July 19 -- The Government Accountability Office has issued a decision denying a bid protest filed by Insight Technology Solutions of Bowie, Maryland.
According to the GAO, Insight Technology Solutions "protests the issuance of a task order to BB&E, Inc., a small business of Northville, Michigan, pursuant to fair opportunity proposal request (FOPR) No. FA4890-19-R-9956, under the General Services Administration's (GSA) OASIS Small Business indefinite-delivery, indefinite-quantity contract for engineering and environmental advisory and assistance program support services for the AirForce. The protester alleges that the awardee's proposal included material misrepresentations, and that the agency erred in its evaluation of proposals and best-value tradeoff decision."
The bid protest decision (B-417388,B-417388.2) was issued on June 19, 2019 (https://www.gao.gov/products/B-417388,B-417388.2).
In its findings, the GAO said: "1. Protest alleging that awardee's proposal contained material misrepresentations is denied where the record does not support a conclusion that the proposal contained misrepresentations or that the agency relied on any false information.
2. Protest alleging agency erred in evaluation of past performance is denied where the agency's evaluation was reasonable and consistent with the terms of the solicitation.
3. Protest that agency erred in conducting a best-value tradeoff by failing to consider the strengths of the protester's technical approach is denied where the solicitation established that the technical approach would be evaluated as either acceptable or unacceptable and the tradeoff would be based solely on consideration of past performance and price."
The participants in the case included: Jeffery M. Chiow, Lucas T. Hanback, Deborah Norris Rodin, Rogers Joseph O'Donnell, for the protester. John C. Dulske, Bryan Kost, Bonnie Kirkland, Dykema Gossett, for the intervenor.
Alexis J. Bernstein, Captain George Mathew, Kevin P. Stiens, Department of the Air Force, for the agency. Michael Willems, and Edward Goldstein, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Orbit Research of Wilmington, Delaware
WASHINGTON, July 19 -- The Government Accountability Office has issued a decision denying a bid protest filed by Orbit Research of Wilmington, Delaware.
According to the GAO, Orbit Research "protests the award of indefinite-delivery, indefinite-quantity (IDIQ) contracts to Zoomax USA Inc., of Metheun, Massachusetts, and HumanWare, of Quebec, Canada, under request for quotations (RFQ) No. 030ADV19R0114, issued by the Library of Congress (Library), for design review, prototype and software development, production, and service/maintenance of a refreshable braille electronic book reader (e-reader).
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WASHINGTON, July 19 -- The Government Accountability Office has issued a decision denying a bid protest filed by Orbit Research of Wilmington, Delaware.
According to the GAO, Orbit Research "protests the award of indefinite-delivery, indefinite-quantity (IDIQ) contracts to Zoomax USA Inc., of Metheun, Massachusetts, and HumanWare, of Quebec, Canada, under request for quotations (RFQ) No. 030ADV19R0114, issued by the Library of Congress (Library), for design review, prototype and software development, production, and service/maintenance of a refreshable braille electronic book reader (e-reader).The protester argues that the agency's evaluation of quotations under the technical and past performance factors was unreasonable."
The bid protest decision (B-417462) was issued on July 17, 2019 (https://www.gao.gov/products/B-417462).
In its findings, the GAO said: "1. Protest challenging the agency's evaluation of quotations is denied where the record reflects that the agency's evaluation was reasonable and in accordance with the solicitation.
2. Protest alleging that the agency's source selection decision is unreasonable because the agency failed to evaluate all of the protester's past performance information is denied where the protester cannot demonstrate prejudice."
The participants in the case included: Venkatesh R. Chari, for the protester.
C. Peter Dungan, and Jason A. Blindauer, Miles & Stockbridge, for Zoomax USA; and Jonathan D. Shaffer, and Mary Pat Buckenmeyer, Smith Pachter McWhorter, for HumanWare, the intervenors. Emily Vartanian, Library of Congress, for the agency. Michael P. Grogan, and Amy B. Pereira, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Up & Running 6K of Montgomery, Alabama
WASHINGTON, July 19 -- The Government Accountability Office has issued a decision denying a bid protest filed by Up and Running 6K of Montgomery, Alabama.
According to the GAO, Up & Running 6K "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-415716.26) was issued on May 29, 2019 (https://www.gao.gov/products/B-415716.26).
In its findings, the GAO said: "Protest challenging agency's evaluation of protester's proposal under
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WASHINGTON, July 19 -- The Government Accountability Office has issued a decision denying a bid protest filed by Up and Running 6K of Montgomery, Alabama.
According to the GAO, Up & Running 6K "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-415716.26) was issued on May 29, 2019 (https://www.gao.gov/products/B-415716.26).
In its findings, the GAO said: "Protest challenging agency's evaluation of protester's proposal underthe 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: Thomas K. David, Kenneth D. Brody and Katherine A. David, David, Brody & Dondershine, for the protester. Alexis J. Bernstein, Lieutenant Colonel Ryan J. Lambrecht, and Francis D. Hollifield III 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 Wamore of Phoenix, Arizona
WASHINGTON, July 19 -- The Government Accountability Office has issued a decision denying a bid protest filed by Wamore of Phoenix, Arizona.
According to the GAO, Wamore "protests the intended sole-source award of a contract to Airborne Systems North America (Airborne Systems), of Pennsauken, New Jersey, under request for proposals (RFP) No. W56HZV-18-R-0077, issued by the Department of the Army, Army Contracting Command - Warren, for the supply of joint precision aerial delivery systems (JPADS) for foreign military sales (FMS) to the countries of Norway and Jordan. Wamore argues the intended
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WASHINGTON, July 19 -- The Government Accountability Office has issued a decision denying a bid protest filed by Wamore of Phoenix, Arizona.
According to the GAO, Wamore "protests the intended sole-source award of a contract to Airborne Systems North America (Airborne Systems), of Pennsauken, New Jersey, under request for proposals (RFP) No. W56HZV-18-R-0077, issued by the Department of the Army, Army Contracting Command - Warren, for the supply of joint precision aerial delivery systems (JPADS) for foreign military sales (FMS) to the countries of Norway and Jordan. Wamore argues the intendedsole-source contract award to Airborne Systems is improper, insofar as the Army's belief that only Airborne Systems possesses the necessary data rights for the procurement here is in error."
The bid protest decision (B-417450,B-417450.2) was issued on July 9, 2019 (https://www.gao.gov/products/B-417450,B-417450.2).
In its findings, the GAO said: "Protest of proposed award of a sole-source contract for highly specialized equipment for foreign military sales purposes is denied where the record shows the agency reasonably concluded that only one firm possessed the necessary data rights to produce the item and was capable of meeting the agency's needs, and award to any other source would cause unacceptable delay in fulfilling the agency's requirements."
The participants in the case included: Dennis C. Ehlers, David A. Edelstein, and Caitlin E. Trevillyian, Asmar Schor & McKenna, for the protester. Jonathan D. Shaffer, Armani R. Vadiee, Mary Pat Buckenmeyer, and Todd M. Garland, Smith Pachter McWhorter, for Airborne Systems North America, the intervenor. Jonathan A. Hardage, and Misty L. Caldwell-Colen, Department of the Army, for the agency. Louis A. Chiarella, and Peter H. Tran, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by DevTech Systems of Arlington, Virginia
WASHINGTON, July 16 -- The Government Accountability Office has issued a decision denying a bid protest filed by DevTech Systems of Arlington, Virginia.
According to the GAO, DevTech Systems "protests the decision of the United States Agency for International Development (USAID) to eliminate from the competitive range the proposal DevTech submitted in response to request for proposals (RFP) No. SOL-OAA-16-000189, for services in support of the Famine Early Warning Systems Network 7 (FEWS NET 7). DevTech argues that the agency unreasonably evaluated its proposal, and failed to justify its cost
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WASHINGTON, July 16 -- The Government Accountability Office has issued a decision denying a bid protest filed by DevTech Systems of Arlington, Virginia.
According to the GAO, DevTech Systems "protests the decision of the United States Agency for International Development (USAID) to eliminate from the competitive range the proposal DevTech submitted in response to request for proposals (RFP) No. SOL-OAA-16-000189, for services in support of the Famine Early Warning Systems Network 7 (FEWS NET 7). DevTech argues that the agency unreasonably evaluated its proposal, and failed to justify its costrealism analysis."
The bid protest decision (B-416591,B-416591.2) was issued on October 24, 2018 (https://www.gao.gov/products/B-416591,B-416591.2).
In its findings, the GAO said: "Protest challenging agency's evaluation of protester's proposal and elimination of that proposal from the competitive range is denied where evaluation was reasonable, performed in accordance with the solicitation, and protester's proposal was not one of the most highly rated."
The participants in the case included: David B. Dixon, Travis L. Mullaney, Meghan Doherty, and Robert Starling, Pillsbury Winthrop Shaw Pittman, for the protester. R. Rene Dupuy, and Rachel B. Cochran, United States Agency for International Development, for the agency. Mary G. Curcio, and Laura Eyester, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by 8 Consulting of Alexandria, Virginia
WASHINGTON, July 16 -- The Government Accountability Office has issued a decision denying a bid protest filed by 8 Consulting of Alexandria, Virginia.
According to the GAO, 8 Consulting "protests the issuance of a Federal Supply Schedule (FSS) task order to Creative IT Solutions, of Fort Cobb, Oklahoma, under request for quotation (RFQ) No. 831813273, issued by the Department of Defense (DoD), Defense Information Systems Agency (DISA), for implementation functionality services. The protester challenges the evaluation of its quotation as unacceptable."
The bid protest decision (B-417471) was issued
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WASHINGTON, July 16 -- The Government Accountability Office has issued a decision denying a bid protest filed by 8 Consulting of Alexandria, Virginia.
According to the GAO, 8 Consulting "protests the issuance of a Federal Supply Schedule (FSS) task order to Creative IT Solutions, of Fort Cobb, Oklahoma, under request for quotation (RFQ) No. 831813273, issued by the Department of Defense (DoD), Defense Information Systems Agency (DISA), for implementation functionality services. The protester challenges the evaluation of its quotation as unacceptable."
The bid protest decision (B-417471) was issuedon July 9, 2019 (https://www.gao.gov/products/B-417471).
In its findings, the GAO said: "Protest challenging evaluation of quotation as technically unacceptable is denied where the record reflects that the evaluation was reasonable and consistent with the terms of the solicitation."
The participants in the case included: William T. Welch, and Johana A. Reed, McMahon, Welch and Learned, for the protester. Michelle L. Sabin, Nati Silva, and Daniel C. McIntosh, Defense Information Systems Agency, for the agency.
Heather Weiner, and Jennifer D. Westfall-McGrail, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Dismisses Protest by Arch Systems of Baltimore, Maryland
WASHINGTON, July 13 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by Arch Systems of Baltimore, Maryland.
According to the GAO, Arch Systems "protests the agency's decision to not exercise an option on contract No. 75FCMC18F0001, and the anticipated award of a sole-source task order by the Department of Health and Human Services, Centers for Medicare and Medicaid Services for continuous testing services."
The bid protest decision (B-417567,B-417567.2) was issued on July 2, 2019 (https://www.gao.gov/products/B-417567,B-417567.2).
In its findings,
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WASHINGTON, July 13 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by Arch Systems of Baltimore, Maryland.
According to the GAO, Arch Systems "protests the agency's decision to not exercise an option on contract No. 75FCMC18F0001, and the anticipated award of a sole-source task order by the Department of Health and Human Services, Centers for Medicare and Medicaid Services for continuous testing services."
The bid protest decision (B-417567,B-417567.2) was issued on July 2, 2019 (https://www.gao.gov/products/B-417567,B-417567.2).
In its findings,the GAO said: "1. Protest is dismissed where the protester challenges the agency's decision not to exercise an option on an existing contract which concerns a matter of contract administration that is outside the scope of our bid protest function.
2. Protest is dismissed where the protester challenges the agency's prospective decision to award a sole-source, short-term task order that has not yet been awarded, because a challenge that merely anticipates prejudicial agency action is premature.
3. Protest challenging the removal of the contract from the Small Business Administration's (SBA) Historically Underutilized Business Zone program to the SBA 8(a) program is dismissed where the proposed task order fails to meet the pecuniary threshold for task order jurisdiction."
The participants in the case included: Andrew Mohr, C. Kelly Kroll, and Daniel Prywes, Morris, Manning & Martin, for the protester. Douglas Kornreich, and Pamela Waldron, Department of Health and Human Services, for the agency.
Robert T. Wu, and Peter H. Tran, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Upholds Part of Bid Protest by ATA Aerospace of Albuquerque, New Mexico
WASHINGTON, July 13 -- The Government Accountability Office has issued a decision sustaining in part and denying in part a bid protest filed by ATA Aerospace of Albuquerque, New Mexico.
According to the GAO, ATA Aerospace "protests the award of a contract to Millennium Engineering and Integration Company (MEI), of Arlington, Virginia, by the Department of the Air Force, Research Laboratory, Space Vehicles Directorate, Integrated Experiments and Evaluation Division (AFRL/RV), under request for proposals (RFP) No. FA9453-18-R-0003, to provide various services in support of the research and development
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WASHINGTON, July 13 -- The Government Accountability Office has issued a decision sustaining in part and denying in part a bid protest filed by ATA Aerospace of Albuquerque, New Mexico.
According to the GAO, ATA Aerospace "protests the award of a contract to Millennium Engineering and Integration Company (MEI), of Arlington, Virginia, by the Department of the Air Force, Research Laboratory, Space Vehicles Directorate, Integrated Experiments and Evaluation Division (AFRL/RV), under request for proposals (RFP) No. FA9453-18-R-0003, to provide various services in support of the research and developmentintegrated space experiments program. ATAA challenges the agency's cost realism evaluation and technical evaluation of the awardee's proposal for one of three initial task orders."
The bid protest decision (B-417427) was issued on July 2, 2019 (https://www.gao.gov/products/B-417427).
In its findings, the GAO said: "1. Protest that agency's cost realism evaluation is unreasonable is sustained where the record shows that the agency's determination that both offerors' proposed costs were realistic is based in large part on an unsupported conclusion that both offerors' proposed labor hours were analogous to historical data from the predecessor contract, even though the awardee's proposed labor hours were less than half of the protester's proposed labor hours.
2. Protest that agency should have rated awardee's proposal as technically unacceptable because its proposal did not propose three methods of performance is denied where a reasonable interpretation of the solicitation shows that it did not require offerors to propose these three methods."
The participants in the case included: Devon E. Hewitt, Michael E. Stamp, and Bret Marfut, Protorae Law, for the protester. Paul F. McQuade, Michael J. Schaengold, Danielle K. Muenzfeld, and Daniel D. Straus, Greenberg Traurig, for Millennium Engineering and Integration Company, the intervenor. Col. C. Taylor Smith, Maj. Michelle E. Gregory, Christian J. Robison, and Charles L. Webster III, Department of the Air Force, for the agency. John Sorrenti, and Christina Sklarew, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Crystal Clear Maintenance of Albuquerque, New Mexico
WASHINGTON, July 11 -- The Government Accountability Office has issued a decision denying a bid protest filed by Crystal Clear Maintenance of Albuquerque, New Mexico.
According to the GAO, Crystal Clear Maintenance "protests the award of a contract to Raven Operations, LLC, a SDVOSB located in Scottsdale, Arizona, under request for quotations (RFQ) No. 36C78619Q0198, issued by the Department of Veterans Affairs, National Cemetery Administration, for grounds maintenance services at the Santa Fe National Cemetery. The protester asserts that the agency improperly permitted CCM to revise its price
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WASHINGTON, July 11 -- The Government Accountability Office has issued a decision denying a bid protest filed by Crystal Clear Maintenance of Albuquerque, New Mexico.
According to the GAO, Crystal Clear Maintenance "protests the award of a contract to Raven Operations, LLC, a SDVOSB located in Scottsdale, Arizona, under request for quotations (RFQ) No. 36C78619Q0198, issued by the Department of Veterans Affairs, National Cemetery Administration, for grounds maintenance services at the Santa Fe National Cemetery. The protester asserts that the agency improperly permitted CCM to revise its priceand misled it during discussions."
The bid protest decision (B-417482) was issued on June 28, 2019 (https://www.gao.gov/products/B-417482).
In its findings, the GAO said: "1. Protest that agency improperly allowed protester to modify its quotation in violation of Federal Acquisition Regulation (FAR) part 14 is denied where the solicitation was a request for quotations, which does not fall under the guidance of FAR part 14.
2. Protest that agency misled and coerced protester to increase its price is denied where record shows that agency's inquiries were reasonable and that the protester exercised its own business judgment in raising its prices."
The participants in the case included: David A. Rose, Law Offices of Rose Consulting, for the protester. Steven E. Devine, and Adrienne Z. Schwartz, Department of Veterans Affairs, for the agency. Christopher An, Alexander O. Levine, and Jennifer D. Westfall-McGrail, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Nexant of Washington, D.C
WASHINGTON, July 11 -- The Government Accountability Office has issued a decision denying a bid protest filed by Nexant of Washington, D.C.
According to the GAO, Nexant "protests the award of a task order under request for task order proposals (RFTOP) No. 720-674-18-R-00026 to Deloitte Consulting, LLP, issued by United States Agency for International Development (USAID) to contract holders of the agency's Power Africa indefinite-delivery, indefinite-quantity (IDIQ) contract, for technical services to implement the West Africa Energy Program. The protester primarily argues that USAID unreasonably
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WASHINGTON, July 11 -- The Government Accountability Office has issued a decision denying a bid protest filed by Nexant of Washington, D.C.
According to the GAO, Nexant "protests the award of a task order under request for task order proposals (RFTOP) No. 720-674-18-R-00026 to Deloitte Consulting, LLP, issued by United States Agency for International Development (USAID) to contract holders of the agency's Power Africa indefinite-delivery, indefinite-quantity (IDIQ) contract, for technical services to implement the West Africa Energy Program. The protester primarily argues that USAID unreasonablyevaluated the protester's and awardee's technical proposals."
The bid protest decision (B-417421,B-417421.2) was issued on June 26, 2019 (https://www.gao.gov/products/B-417421,B-417421.2).
In its findings, the GAO said: "1. Protest challenging the evaluation of the protester's technical proposal is denied where there is no basis to conclude that the agency's evaluation was unreasonable.
2. Protest alleging that the agency's evaluation of the awardee's proposal was conducted on unequal basis is denied where the agency reasonably evaluated the awardee's proposal as meriting strengths and where that proposal was materially different from the protester's."
The participants in the case included: James J. Regan, and James G. Peyster, Crowell & Moring, for the protester. Keith R. Szeliga, Katie A. Calogero, and Adam A. Bartolanzo, Sheppard Mullin Richter & Hampton, for Deloitte Consulting, the intervenor. John B. Alumbaugh, United States Agency for International Development, for the agency. Kasia Dourney, Glenn G. Wolcott, and Christina Sklarew, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Dismisses in Part Protest by Leader Communications of Oklahoma City, Oklahoma
WASHINGTON, July 11 -- The Government Accountability Office has issued a decision dismissing in part and denying in part a bid protest filed by Leader Communications of Oklahoma City, Oklahoma.
According to the GAO, Leader Communications "protests the issuance of a task order to Sumaria Systems, Inc., of Danvers, Massachusetts, under fair opportunity proposal request (FOPR) No. FA8222-18-R-5006, issued by the Department of the Air Force for support for the Air Force Sustainment Center. Leader asserts that the agency unreasonably evaluated its proposal and failed to engage in meaningful discussions."
The
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WASHINGTON, July 11 -- The Government Accountability Office has issued a decision dismissing in part and denying in part a bid protest filed by Leader Communications of Oklahoma City, Oklahoma.
According to the GAO, Leader Communications "protests the issuance of a task order to Sumaria Systems, Inc., of Danvers, Massachusetts, under fair opportunity proposal request (FOPR) No. FA8222-18-R-5006, issued by the Department of the Air Force for support for the Air Force Sustainment Center. Leader asserts that the agency unreasonably evaluated its proposal and failed to engage in meaningful discussions."
Thebid protest decision (B-417152.2,B-417152.3) was issued on June 26, 2019 (https://www.gao.gov/products/B-417152.2,B-417152.3).
In its findings, the GAO said: "1. Where protester fails to address agency's comments, GAO considers protest issue abandoned.
2. Where protester first raises new arguments in comments on the agency report that could have been raised in initial protest, the later raised issues are untimely.
3. Procuring agency is not required to reopen discussions to advise protester of risks that are first introduced when it revises its proposal.
4. Protest that agency failed to hold meaningful discussions because it did not advise protester of risks that were present in its initial proposal is denied where record demonstrates that protester was not prejudiced by the failure to hold discussions with respect to these risks because even if the risks were eliminated from the proposal protester would not receive the task order. "
The participants in the case included: Maria Panichelli, and Michael Richard, Obermayer Rebmann Maxwell & Hippel, for the protester. Isabelle P. Cutting, and Col. C. Taylor Smith, Department of the Air Force, for the agency. Mary G. Curcio, and Laura Eyester, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Deva & Associates of Rockville, Maryland
WASHINGTON, July 6 -- The Government Accountability Office has issued a decision denying a bid protest filed by Deva & Associates of Rockville, Maryland.
According to the GAO, Deva & Associates "protests the issuance of a task order to TFC Consulting, Inc., of Rockville, Maryland, by the Department of Homeland Security (DHS), Transportation Security Administration (TSA) under request for quotations (RFQ) No. HSTS01-17-Q-FIN001 for financial and performance audit services. Deva challenges the agency's evaluation of its and TFC's quotations, and argues that the awardee should have been excluded
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WASHINGTON, July 6 -- The Government Accountability Office has issued a decision denying a bid protest filed by Deva & Associates of Rockville, Maryland.
According to the GAO, Deva & Associates "protests the issuance of a task order to TFC Consulting, Inc., of Rockville, Maryland, by the Department of Homeland Security (DHS), Transportation Security Administration (TSA) under request for quotations (RFQ) No. HSTS01-17-Q-FIN001 for financial and performance audit services. Deva challenges the agency's evaluation of its and TFC's quotations, and argues that the awardee should have been excludedfrom the competition due to an unmitigable organizational conflict of interest (OCI)."
The bid protest decision (B-415508.11) was issued on June 21, 2019 (https://www.gao.gov/products/B-415508.11).
In its findings, the GAO said: "1. Protest challenging the evaluation of quotations under various non-price factors is denied where the record shows that the evaluation was reasonable and in accordance with the stated evaluation criteria.
2. Protest that the awardee should have been excluded from the competition due to an unmitigable impaired objectivity organizational conflict of interest is denied where the contracting officer gave meaningful consideration to the alleged conflict and reasonably concluded that the factual circumstances make the possibility of a conflict too unlikely or speculative to be disqualifying."
The participants in the case included: David S. Cohen, John J. O'Brien, and Daniel J. Strouse, Cordatis, for the protester. Victor A. Kubli, Law Office of Victor A. Kubli, for TFC Consulting, the intervenor. Michael Kiffney, and Christopher Reames, Department of Homeland Security, for the agency. Robert T. Wu, Young H. Cho, and Peter H. Tran, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Nolij Consulting of Vienna, Virginia
WASHINGTON, July 6 -- The Government Accountability Office has issued a decision denying a bid protest filed by Nolij Consulting of Vienna, Virginia.
According to the GAO, Nolij Consulting "protests the issuance of a Federal Supply Schedule (FSS) task order to FEDITC, LLC, also a small business, of Rockville, Maryland, under request for quotations (RFQ) No. HT001519Q0001, issued by the Defense Health Agency (DHA) for test and evaluation services. Nolij argues that the agency misevaluated proposals and made an unreasonable best-value tradeoff decision."
The bid protest decision (B-417328.3) was
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WASHINGTON, July 6 -- The Government Accountability Office has issued a decision denying a bid protest filed by Nolij Consulting of Vienna, Virginia.
According to the GAO, Nolij Consulting "protests the issuance of a Federal Supply Schedule (FSS) task order to FEDITC, LLC, also a small business, of Rockville, Maryland, under request for quotations (RFQ) No. HT001519Q0001, issued by the Defense Health Agency (DHA) for test and evaluation services. Nolij argues that the agency misevaluated proposals and made an unreasonable best-value tradeoff decision."
The bid protest decision (B-417328.3) wasissued on June 25, 2019 (https://www.gao.gov/products/B-417328.3).
In its findings, the GAO said: "Protest challenging agency's evaluation of quotations is denied where record shows the agency's evaluation was reasonable and consistent with the terms of the solicitation and applicable statutes and regulations."
The participants in the case included: John R. Prairie, Tracye Winfrey Howard, Moshe B. Broder, and Lindy C. Bathurst, Wiley Rein, for the protester. Lucas T. Hanback, and Jeffery M. Chiow, Rogers Joseph O'Donnell, for FEDITC, an intervenor. John G. Terra, Defense Health Agency, for the agency. Scott H. Riback, and Tania Calhoun, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Valytics of Great Falls, Virginia
WASHINGTON, July 6 -- The Government Accountability Office has issued a decision denying a bid protest filed by Valytics of Great Falls, Virginia.
According to the GAO, Valytics "protests the issuance of a Federal Supply Schedule (FSS) task order to FEDITC, LLC, also a small business, of Rockville, Maryland, under request for quotations (RFQ) No. HT001519Q0001, issued by the Defense Health Agency (DHA) for test and evaluation services. Valytics challenges the agency's past performance evaluation and source selection decision."
The bid protest decision (B-417328.2,B-417328.4) was issued on June
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WASHINGTON, July 6 -- The Government Accountability Office has issued a decision denying a bid protest filed by Valytics of Great Falls, Virginia.
According to the GAO, Valytics "protests the issuance of a Federal Supply Schedule (FSS) task order to FEDITC, LLC, also a small business, of Rockville, Maryland, under request for quotations (RFQ) No. HT001519Q0001, issued by the Defense Health Agency (DHA) for test and evaluation services. Valytics challenges the agency's past performance evaluation and source selection decision."
The bid protest decision (B-417328.2,B-417328.4) was issued on June25, 2019 (https://www.gao.gov/products/B-417328.2,B-417328.4).
In its findings, the GAO said: "Protest challenging agency's past performance evaluation and source selection decision is denied where the record shows the agency reasonably evaluated quotations and made award in accordance with the terms of the solicitation, as well as applicable procurement law and regulation."
The participants in the case included: Daniel J. Strouse, John J. O'Brien, and David Cohen, Cordatis, for the protester. Lucas T. Hanback, and Jeffery M. Chiow, Rogers Joseph O'Donnell, for FEDITC, the intervenor. John G. Terra, Defense Health Agency, for the agency. Hannah G. Barnes, and Tania Calhoun, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Valytics of Great Falls, Virginia
WASHINGTON, July 6 -- The Government Accountability Office has issued a decision denying a bid protest filed by Valytics of Great Falls, Virginia.
According to the GAO, Valytics "protests the issuance of a Federal Supply Schedule (FSS) task order to FEDITC, LLC, also a small business, of Rockville, Maryland, under request for quotations (RFQ) No. HT001519Q0001, issued by the Defense Health Agency (DHA) for test and evaluation services. Valytics challenges the agency's past performance evaluation and source selection decision."
The bid protest decision (B-417328.2,B-417328.4) was issued on June
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WASHINGTON, July 6 -- The Government Accountability Office has issued a decision denying a bid protest filed by Valytics of Great Falls, Virginia.
According to the GAO, Valytics "protests the issuance of a Federal Supply Schedule (FSS) task order to FEDITC, LLC, also a small business, of Rockville, Maryland, under request for quotations (RFQ) No. HT001519Q0001, issued by the Defense Health Agency (DHA) for test and evaluation services. Valytics challenges the agency's past performance evaluation and source selection decision."
The bid protest decision (B-417328.2,B-417328.4) was issued on June25, 2019 (https://www.gao.gov/products/B-417328.2,B-417328.4).
In its findings, the GAO said: "Protest challenging agency's past performance evaluation and source selection decision is denied where the record shows the agency reasonably evaluated quotations and made award in accordance with the terms of the solicitation, as well as applicable procurement law and regulation."
The participants in the case included: Daniel J. Strouse, John J. O'Brien, and David Cohen, Cordatis, for the protester. Lucas T. Hanback, and Jeffery M. Chiow, Rogers Joseph O'Donnell, for FEDITC, the intervenor. John G. Terra, Defense Health Agency, for the agency. Hannah G. Barnes, and Tania Calhoun, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Adams and Associates of Reno, Nevada
WASHINGTON, July 3 -- The Government Accountability Office has issued a decision denying a bid protest filed by Adams and Associates of Reno, Nevada.
According to the GAO, Adams and Associates of Reno, Nevada "protests the award of a contract to Management & Training Corporation (MTC), of Centerville, Utah, under request for proposals (RFP) No. 1630J5-17-R-00003, which was issued by the Department of Labor (DOL), for the operation of the Atterbury Job Corps Center in Edinburgh, Indiana, and the Indypendence Career Development Center in Indianapolis, Indiana. Adams alleges that the agency unreasonably
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WASHINGTON, July 3 -- The Government Accountability Office has issued a decision denying a bid protest filed by Adams and Associates of Reno, Nevada.
According to the GAO, Adams and Associates of Reno, Nevada "protests the award of a contract to Management & Training Corporation (MTC), of Centerville, Utah, under request for proposals (RFP) No. 1630J5-17-R-00003, which was issued by the Department of Labor (DOL), for the operation of the Atterbury Job Corps Center in Edinburgh, Indiana, and the Indypendence Career Development Center in Indianapolis, Indiana. Adams alleges that the agency unreasonablyassessed a deficiency for Adams' phase-out plan, and unreasonably evaluated offerors' past performance."
The bid protest decision (B-417120.2) was issued on June 25, 2019 (https://www.gao.gov/products/B-417120.2).
In its findings, the GAO said: "Protest challenging the agency's evaluation of the protester's proposal is denied where the evaluation was reasonable and consistent with the assessment of a deficiency for failure to meet a material solicitation requirement."
The participants in the case included: Katie A. Calogero, Anne B. Perry, and Bryce D. Chadwick, Sheppard Mullin Richter & Hampton, for the protester.
Alex P. Hontos, and Daniel Falknor, Dorsey & Whitney, for Management & Training Corporation, the intervenor. Virginia Ackerman, Dennis A. Adelson, and Jose Otero, Department of Labor, for the agency. Evan D. Wesser, and Edward Goldstein, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Universal Protection Service of Santa Ana, California
WASHINGTON, July 2 -- The Government Accountability Office has issued a decision denying a bid protest filed by Universal Protection Service of Santa Ana, California.
According to the GAO, Universal Protection Service "protests the award of a contract to Triple Canopy Inc., of Reston, Virginia, under request for proposals (RFP) No. 70RFP418RE5000005, issued by the Department of Homeland Security (DHS), Federal Protective Service (FPS), for commercial protective security officer (PSO) services throughout the State of Michigan. Allied argues that FPS misevaluated Triple Canopy's past performance,
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WASHINGTON, July 2 -- The Government Accountability Office has issued a decision denying a bid protest filed by Universal Protection Service of Santa Ana, California.
According to the GAO, Universal Protection Service "protests the award of a contract to Triple Canopy Inc., of Reston, Virginia, under request for proposals (RFP) No. 70RFP418RE5000005, issued by the Department of Homeland Security (DHS), Federal Protective Service (FPS), for commercial protective security officer (PSO) services throughout the State of Michigan. Allied argues that FPS misevaluated Triple Canopy's past performance,conducted flawed discussions, and made an unreasonable source selection decision."
The bid protest decision (B-417376.2,B-417376.3) was issued on June 20, 2019 (https://www.gao.gov/products/B-417376.2,B-417376.3).
In its findings, the GAO said: "1. Protest that the agency improperly evaluated past performance by crediting the awardee with the past performance of its corporate affiliate, which served as the incumbent contractor, is denied where the awardee's responses to discussions showed that the affiliate's resources would be meaningfully involved in performance by the awardee, the discussions held with both offerors were fair, and the evaluation was reasonable.
2. Protest challenging a source selection decision as unreasonable is denied where the source selection authority documented consideration of the evaluation record and the determination that the awardee's advantages over the protester's proposal were sufficient to justify incurring the awardee's higher price."
The participants in the case included: Jeff R. Vogel, and Matthew J. Howell, Cozen O'Connor, for the protester. Daniel J. Strouse, David S. Cohen, and John J. O'Brien, Cordatis, for Triple Canopy, the intervenor. Denise A. McLane, Department of Homeland Security, for the agency. Paul N. Wengert, and Tania Calhoun, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by AAR Integrated Technologies of Huntsville, Alabama
WASHINGTON, June 29 -- The Government Accountability Office has issued a decision denying a bid protest filed by AAR Integrated Technologies of Huntsville, Alabama.
According to the GAO, AAR Integrated Technologies "protests the award of a contract to DRS Network & Imaging Systems, LLC (DRS), of Melbourne, Florida, under request for proposals (RFP) No. W15QKN-18-R-0037, issued by the Department of the Army, Army Materiel Command, for multipurpose standard automatic test equipment. The protester challenges the agency's evaluation of proposals and the selection decision."
The bid protest decision
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WASHINGTON, June 29 -- The Government Accountability Office has issued a decision denying a bid protest filed by AAR Integrated Technologies of Huntsville, Alabama.
According to the GAO, AAR Integrated Technologies "protests the award of a contract to DRS Network & Imaging Systems, LLC (DRS), of Melbourne, Florida, under request for proposals (RFP) No. W15QKN-18-R-0037, issued by the Department of the Army, Army Materiel Command, for multipurpose standard automatic test equipment. The protester challenges the agency's evaluation of proposals and the selection decision."
The bid protest decision(B-416859.4) was issued on June 11, 2019 (https://www.gao.gov/products/B-416859.4).
In its findings, the GAO said: "Protest challenging the agency's evaluation of proposals and selection decision is denied where the record shows that both were reasonable and in accordance with the terms of the solicitation."
The participants in the case included: Paul R. Hurst, Michael J. Navarre, and Caitlin T. Conroy, Steptoe & Johnson, for the protester. W. Jay DeVecchio, Kevin P. Mullen, and Rachael K. Plymale, Morrison & Foerster, for DRS Network & Imaging Systems, the intervenor. Jered J. Leo, and Jonathan A. Hardage, Department of the Army, for the agency. Charmaine A. Stevenson, and Laura Eyester, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by ACME Endeavors of Missoula, Montana
WASHINGTON, June 29 -- The Government Accountability Office has issued a decision denying a bid protest filed by ACME Endeavors of Missoula, Montana.
According to the GAO, ACME Endeavors "protests the terms of request for quotations (RFQ) No. 1204H119Q7000, issued by the United States Department of Agriculture, Forest Service, for commercial vehicle weed washing services and equipment. ACME argues that the RFQ is ambiguous and limits competition by overstating the agency's minimum requirements."
The bid protest decision (B-417455) was issued on June 25, 2019 (https://www.gao.gov/products/B-417455).
In
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WASHINGTON, June 29 -- The Government Accountability Office has issued a decision denying a bid protest filed by ACME Endeavors of Missoula, Montana.
According to the GAO, ACME Endeavors "protests the terms of request for quotations (RFQ) No. 1204H119Q7000, issued by the United States Department of Agriculture, Forest Service, for commercial vehicle weed washing services and equipment. ACME argues that the RFQ is ambiguous and limits competition by overstating the agency's minimum requirements."
The bid protest decision (B-417455) was issued on June 25, 2019 (https://www.gao.gov/products/B-417455).
Inits findings, the GAO said: "Protest challenging the terms of the solicitation as being ambiguous and unduly restrictive of competition is denied where the record shows that the terms of the solicitation provide sufficient information to allow vendors to intelligently prepare their quotations on a common basis and are reasonably necessary to meet the agency's needs."
The participants in the case included: Austin Nowakowski, Nowakowski Legal, and Scott M. Haapala, Scott M. Haapala, for the protester. Melissa D. McClellan, United States Department of Agriculture, for the agency. Joshua Gillerman, and Tania Calhoun, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by EA Engineering, Science & Technology of Hunt Valley, Maryland
WASHINGTON, June 29 -- The Government Accountability Office has issued a decision denying a bid protest filed by EA Engineering, Science and Technology of Hunt Valley, Maryland.
According to the GAO, EA Engineering, Science & Technology "protests the issuance of a task order to The Louis Berger Group, Inc., of Washington, D.C., under request for quotations (RFQ) No. 1344044, which was issued by the Federal Energy Regulatory Commission (FERC), for hydroelectric environmental and engineering services. The protester challenges the reasonableness of the agency's evaluation of technical quotations
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WASHINGTON, June 29 -- The Government Accountability Office has issued a decision denying a bid protest filed by EA Engineering, Science and Technology of Hunt Valley, Maryland.
According to the GAO, EA Engineering, Science & Technology "protests the issuance of a task order to The Louis Berger Group, Inc., of Washington, D.C., under request for quotations (RFQ) No. 1344044, which was issued by the Federal Energy Regulatory Commission (FERC), for hydroelectric environmental and engineering services. The protester challenges the reasonableness of the agency's evaluation of technical quotationsand past performance, and contends that the agency failed to consider the potential impact of the awardee's acquisition by another firm on its performance of the contract."
The bid protest decision (B-417361,B-417361.2) was issued on June 13, 2019 (https://www.gao.gov/products/B-417361,B-417361.2).
In its findings, the GAO said: "1. Protest challenging deficiencies evaluated in the protester's quotation is denied where the agency's evaluation was reasonable and in accordance with the solicitation.
2. Protest that the awardee's quotation should have been evaluated as technically unacceptable because it failed to address required areas of work is denied where the allegation is without factual support.
3. Protest alleging that the agency failed to take into consideration the acquisition of the awardee by another firm is denied where the record reflects that the acquisition occurred prior to the submission of quotations, the awardee specifically addressed the acquisition in its quotation, and the awardee explained that it will continue to operate as a separate legal entity in performance of the contract.
4. Protest alleging that the agency failed to meaningfully evaluate vendors' past performance is denied where the record reflects that the agency considered past performance information with regard to the awardee, and the protester cannot demonstrate prejudice as a result of the alleged failure to consider its own past performance because the protester was otherwise technically unacceptable."
The participants in the case included: Seamus Curley, Chelsea L. Goulet, Stroock, Stroock & Lavan, for the protester. Scott Arnold, Luke W. Meier, Michael J. Montalbano, Blank Rome, for The Louis Berger Group, the intervenor. Michael Watson, Marcos Araus, Federal Energy Regulatory Commission, 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 Environmental Chemical Corp. of Burlingame, California
WASHINGTON, June 29 -- The Government Accountability Office has issued a decision denying a bid protest filed by Environmental Chemical Corp. of Burlingame, California.
According to the GAO, Environmental Chemical Corp. "protests the award of six small business set-aside indefinite-delivery, indefinite-quantity (IDIQ) contracts to Bay West LLC, a small business, of St. Paul, Minnesota, Cape Environmental Management Inc., a small business, of Norcross, Georgia, EA Engineering, Science, and Technology, Inc., PBC, a small business, of Hunt Valley, Maryland, HydroGeoLogic, Inc. (HGL), a small business,
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WASHINGTON, June 29 -- The Government Accountability Office has issued a decision denying a bid protest filed by Environmental Chemical Corp. of Burlingame, California.
According to the GAO, Environmental Chemical Corp. "protests the award of six small business set-aside indefinite-delivery, indefinite-quantity (IDIQ) contracts to Bay West LLC, a small business, of St. Paul, Minnesota, Cape Environmental Management Inc., a small business, of Norcross, Georgia, EA Engineering, Science, and Technology, Inc., PBC, a small business, of Hunt Valley, Maryland, HydroGeoLogic, Inc. (HGL), a small business,of Reston, Virginia, KEMRON Environmental Services, Inc., a small business, of Atlanta, Georgia, and Seres-Arcadis SB JV, LLC, a small business, of Mount Pleasant, South Carolina, under request for proposals (RFP) No. W912DR-16-R-0004, issued by the Department of the Army, Corps of Engineers, for environmental remediation support services for customers of the Baltimore District of Environmental & Munitions Design Center. ECC challenges the agency's evaluation of its own proposal under the non-cost/price factors and all proposals under the cost/price factor, the source selection decision, and the scope of corrective action proposed in response to another offeror's protest."
The bid protest decision (B-416166.3,B-416166.4,B-416166.6,B-416166.7) was issued on June 12, 2019 (https://www.gao.gov/products/B-416166.3,B-416166.4,B-416166.6,B-416166.7).
In its findings, the GAO said: "1. Protest challenging the agency's technical and cost realism evaluations is denied where, notwithstanding whether the agency committed certain errors, the protester fails to demonstrate competitive prejudice because it does not demonstrate that, but for the alleged errors, it would have had a substantial possibility of receiving an award.
2. Protest challenging the reasonableness of the scope of the agency's corrective action to be taken in response to another unsuccessful offeror's protest is denied where the protester cannot establish that it will be competitively prejudiced by the reasonable, limited scope of discussions to be had with the other unsuccessful offeror."
The participants in the case included: Richard B. Oliver, J. Matthew Carter, Glenn Sweatt, and Dinesh C. Dharmadasa, Pillsbury Winthrop Shaw Pittman, for the protester. Seamus Curley, and Chelsea Goulet, Stroock & Stroock & Lavan LLP, for EA Engineering, Science, and Technology, PBC; Jonathan D. Shaffer, Mary Pat Buckenmeyer, and Todd M. Garland, Smith Pachter McWhorter, for HydroGeoLogic, the intervenors. Maureen A. McAndrew, Tristan S. Brown, Mia J. Logan, and Martin Chu, Department of the Army, for the agency. Evan D. Wesser, Eric M. Ransom, and Edward Goldstein, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Green Technology Group of Fairfax Station, Virginia
WASHINGTON, June 29 -- The Government Accountability Office has issued a decision denying a bid protest filed by Green Technology Group of Fairfax Station, Virginia.
According to the GAO, Green Technology Group "protests the issuance of a task order to LinTech Global, Inc., a small business located in Farmington Hills, Michigan, under request for quotations (RFQ) No. HT0015-19-R-0004, issued by the Department of Defense (DOD), Defense Health Agency (DHA), for code maintenance and data processing operations support. The protester challenges the agency's evaluation of the awardee's price quotation,
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WASHINGTON, June 29 -- The Government Accountability Office has issued a decision denying a bid protest filed by Green Technology Group of Fairfax Station, Virginia.
According to the GAO, Green Technology Group "protests the issuance of a task order to LinTech Global, Inc., a small business located in Farmington Hills, Michigan, under request for quotations (RFQ) No. HT0015-19-R-0004, issued by the Department of Defense (DOD), Defense Health Agency (DHA), for code maintenance and data processing operations support. The protester challenges the agency's evaluation of the awardee's price quotation,argues that the agency unreasonably evaluated vendors under the non-price factors, and contends that the best-value tradeoff analysis was flawed."
The bid protest decision (B-417368,B-417368.2) was issued on June 14, 2019 (https://www.gao.gov/products/B-417368,B-417368.2).
In its findings, the GAO said: "1. Protest challenging agency's evaluation of awardee's price quotation is denied where the agency reasonably determined that the awardee's pricing would not result in the agency paying an unreasonably high price for contract performance and where the solicitation did not provide for a price realism evaluation.
2. Protest challenging agency's technical evaluation is denied where the agency evaluated quotations in accordance with the stated evaluation criteria and did not treat vendors unequally.
3. Errors in an agency's technical and past performance evaluations do not provide a basis to sustain a protest, where the errors did not affect the agency's best-value tradeoff determination and therefore did not prejudice the protester."
The participants in the case included: Todd R. Overman, Richard W. Arnholt, Sylvia Yi, and Taylor Hillman, Bass Berry & Sims, for the protester. Michelle F. Kantor, and William J. Beckley, McDonald Hopkins, for LinTech Global, the intervenor. Kevin E. Bolin, Department of Defense, Defense Health Agency, for the agency. Alexander O. Levine, and Jennifer D. Westfall-McGrail, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Robertson & Penn of Cusseta, Georgia
WASHINGTON, June 29 -- The Government Accountability Office has issued a decision denying a bid protest filed by Robertson and Penn of Cusseta, Georgia.
According to the GAO, Robertson & Penn "protests the issuance of an order to B&H PW, LLC (B&H), of Oneonta, Alabama, doing business as Evergreen Linen Solutions, under request for quotations (RFQ) No. W911SF-19-T0003, issued by the Department of the Army for laundry and dry cleaning services. Robertson, the then incumbent contractor, contends that the agency unreasonably failed to consider its quotation."
The bid protest decision (B-417323) was
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WASHINGTON, June 29 -- The Government Accountability Office has issued a decision denying a bid protest filed by Robertson and Penn of Cusseta, Georgia.
According to the GAO, Robertson & Penn "protests the issuance of an order to B&H PW, LLC (B&H), of Oneonta, Alabama, doing business as Evergreen Linen Solutions, under request for quotations (RFQ) No. W911SF-19-T0003, issued by the Department of the Army for laundry and dry cleaning services. Robertson, the then incumbent contractor, contends that the agency unreasonably failed to consider its quotation."
The bid protest decision (B-417323) wasissued on May 16, 2019 (https://www.gao.gov/products/B-417323).
In its findings, the GAO said: "Quotation received after the submission deadline was late and therefore ineligible for consideration where request for quotations included the late submission provision set forth in Federal Acquisition Regulation provision 52.212-1(f)(2)(i). Although this provision refers to "offers" rather than "quotations," it was clear from the agency's inclusion of the provision that it was intended to apply to the quotations received."
The participants in the case included: Adam K. Lasky, and Brad Bigos, Oles Morrison Rinker & Baker, for the protester. Lawrence P. Block, and Elizabeth G. Leavy, Reed Smith, for B&H PW dba Evergreen Linen Solutions, the intervenor. Scott N. Flesch, and Bruce H. Robinson, Department of the Army, for the agency. Paula A. Williams, and Edward Goldstein, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Vencore of Chantilly, Virginia
WASHINGTON, June 29 -- The Government Accountability Office has issued a decision denying a bid protest filed by Vencore of Chantilly, Virginia.
According to the GAO, Vencore "protests the issuance of a task order to BAE Systems Technology Solutions & Services Inc., of Rockville, Maryland, by the Department of Homeland Security (DHS), under request for proposals (RFP) No. 70QS0118R00001003, which was issued for systems engineering and integration (SE&I) support services. Vencore argues that DHS improperly and prejudicially waived the solicitation's font and page limit requirements for the awardee,
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WASHINGTON, June 29 -- The Government Accountability Office has issued a decision denying a bid protest filed by Vencore of Chantilly, Virginia.
According to the GAO, Vencore "protests the issuance of a task order to BAE Systems Technology Solutions & Services Inc., of Rockville, Maryland, by the Department of Homeland Security (DHS), under request for proposals (RFP) No. 70QS0118R00001003, which was issued for systems engineering and integration (SE&I) support services. Vencore argues that DHS improperly and prejudicially waived the solicitation's font and page limit requirements for the awardee,and also argues that the agency unreasonably and unequally evaluated the protester's and awardee's technical proposals."
The bid protest decision (B-416994.2,B-416994.3) was issued on June 17, 2019 (https://www.gao.gov/products/B-416994.2,B-416994.3).
In its findings, the GAO said: "1. Protest that the awardee's proposal failed to follow the solicitation's font and page requirements is denied where the protester's proposal also failed to follow the instructions, and the waiver of this requirement for both offerors did not result in prejudice to the protester.
2. Protest challenging the agency's evaluation of technical proposals is denied where the agency's evaluation was reasonable and consistent with the solicitation, with the exception of two non-prejudicial instances of unequal treatment."
The participants in the case included: Michael F. Mason, Stacy M. Hadeka, Christina A. Reynolds, Adilene Rosales, and Robert Taylor, Hogan Lovells US, for the protester. Jamie F. Tabb, Tyler E. Robinson, Elizabeth Krabill McIntyre, Ryan D. Stalnaker, and Caroline E. Colpoys, Vinson & Elkins, for BAE Systems Technology Solutions & Services, the intervenor. Christian M. Butler, and Pavan Mehrotra, Department of Homeland Security, for the agency.
Jonathan L. Kang, and Laura Eyester, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Dismisses Protest by Gulfnet Communications of Kuwait City, Kuwait
WASHINGTON, June 29 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by Gulfnet Communications of Kuwait City, Kuwait.
According to the GAO, Gulfnet Communications "protests the issuance of a delivery order to VIVA Bahrain B.S.C. Closed, of Manama, Bahrain, under solicitation No. HC102119QA033, issued by the Defense Information Systems Agency to acquire a telecommunications circuit between two U.S. military bases in the United Arab Emirates. The protester challenges the agency's evaluation of the awardee's quotation."
The bid protest decision (B-417516)
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WASHINGTON, June 29 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by Gulfnet Communications of Kuwait City, Kuwait.
According to the GAO, Gulfnet Communications "protests the issuance of a delivery order to VIVA Bahrain B.S.C. Closed, of Manama, Bahrain, under solicitation No. HC102119QA033, issued by the Defense Information Systems Agency to acquire a telecommunications circuit between two U.S. military bases in the United Arab Emirates. The protester challenges the agency's evaluation of the awardee's quotation."
The bid protest decision (B-417516)was issued on June 21, 2019 (https://www.gao.gov/products/B-417516).
In its findings, the GAO said: "1. Agency reasonably questioned whether quotation submitted under a name other than the protester's could form the basis for a contract binding the protester.
2. Protester that did not submit a quotation that could form the basis for a binding contract is not an interested party to challenge award."
The participants in the case included: Ahmad Al Ibrahim for the protester.
Travis L. Vaughan, Defense Information Systems Agency, for the agency. April Y. Shields, and Glenn G. Wolcott, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Dismisses Protest by Megatech of Tewksbury, Massachusetts
WASHINGTON, June 29 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by Megatech of Tewksbury, Massachusetts.
According to the GAO, Megatech "protests the award of a contract to EMD Marine and Supply Inc., of San Diego, California, under request for quotations (RFQ) No. N0612A19RCHW024 (also identified as Unison reverse auction Buy No. 968764_02), issued by the Department of the Navy, Naval Supply Systems Command, for 10 commercial Chevy 350 engine trainers and mobile start carts for the Interservice Mechanic A-School at the Naval Construction Training
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WASHINGTON, June 29 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by Megatech of Tewksbury, Massachusetts.
According to the GAO, Megatech "protests the award of a contract to EMD Marine and Supply Inc., of San Diego, California, under request for quotations (RFQ) No. N0612A19RCHW024 (also identified as Unison reverse auction Buy No. 968764_02), issued by the Department of the Navy, Naval Supply Systems Command, for 10 commercial Chevy 350 engine trainers and mobile start carts for the Interservice Mechanic A-School at the Naval Construction TrainingCenter at Naval Base Ventura, at Port Hueneme, California. The protester contends that the Navy improperly awarded the contract to the lowest-priced technically acceptable bidder, contrary to the terms of the reverse auction solicitation."
The bid protest decision (B-417582) was issued on June 25, 2019 (https://www.gao.gov/products/B-417582).
In its findings, the GAO said: "Protest is dismissed as untimely where protester's challenge to award based on patently ambiguous terms of reverse auction was filed after closing time for submission of bids."
The participants in the case included: Haley Wood, for the protester.
Kevin T. Lyster, Department of the Navy, for the agency. Paul N. Wengert, and Tania Calhoun, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Dismisses Protest by MicroTechnologies of Vienna, Virginia
WASHINGTON, June 29 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by MicroTechnologies of Vienna, Virginia.
According to the GAO, MicroTechnologies "protests the issuance of a task order to Favor TechConsulting, LLC, (Favor), by the Department of the Air Force under Fair Opportunity Proposal Request (FOPR) No. FA8771-18-R-0010 for services in support of the Automated Civil Engineer System (ACES). The protester challenges its elimination from the competition, contending the agency's evaluation was unreasonable and inconsistent with the solicitation."
The
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WASHINGTON, June 29 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by MicroTechnologies of Vienna, Virginia.
According to the GAO, MicroTechnologies "protests the issuance of a task order to Favor TechConsulting, LLC, (Favor), by the Department of the Air Force under Fair Opportunity Proposal Request (FOPR) No. FA8771-18-R-0010 for services in support of the Automated Civil Engineer System (ACES). The protester challenges its elimination from the competition, contending the agency's evaluation was unreasonable and inconsistent with the solicitation."
Thebid protest decision (B-417442) was issued on May 28, 2019 (https://www.gao.gov/products/B-417442).
In its findings, the GAO said: "Protest that agency improperly evaluated prices for reasonableness is dismissed where the solicitation expressly outlined the price reasonableness evaluation undertaken by the agency, rendering a post-award challenge to the price evaluation scheme an untimely challenge to the terms of the solicitation."
The participants in the case included: Aron C. Beezley, Patrick R. Quigley, and Sarah S. Osborne, Bradley Arant Boult Cummings, for the protester. Elizabeth N. Jochum, and Terry L. Elling, Holland & Knight, for Favor TechConsulting, the intervenor. Heather M. Mandelkehr, 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 Dismisses Protest by MicroTechnologies of Vienna, Virginia
WASHINGTON, June 29 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by MicroTechnologies of Vienna, Virginia.
According to the GAO, MicroTechnologies "protests the issuance of a task order to Favor TechConsulting, LLC, (Favor), by the Department of the Air Force under Fair Opportunity Proposal Request (FOPR) No. FA8771-18-R-0010 for services in support of the Automated Civil Engineer System (ACES). The protester challenges its elimination from the competition, contending the agency's evaluation was unreasonable and inconsistent with the solicitation."
The
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WASHINGTON, June 29 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by MicroTechnologies of Vienna, Virginia.
According to the GAO, MicroTechnologies "protests the issuance of a task order to Favor TechConsulting, LLC, (Favor), by the Department of the Air Force under Fair Opportunity Proposal Request (FOPR) No. FA8771-18-R-0010 for services in support of the Automated Civil Engineer System (ACES). The protester challenges its elimination from the competition, contending the agency's evaluation was unreasonable and inconsistent with the solicitation."
Thebid protest decision (B-417442) was issued on May 28, 2019 (https://www.gao.gov/products/B-417442).
In its findings, the GAO said: "Protest that agency improperly evaluated prices for reasonableness is dismissed where the solicitation expressly outlined the price reasonableness evaluation undertaken by the agency, rendering a post-award challenge to the price evaluation scheme an untimely challenge to the terms of the solicitation."
The participants in the case included: Aron C. Beezley, Patrick R. Quigley, and Sarah S. Osborne, Bradley Arant Boult Cummings, for the protester. Elizabeth N. Jochum, and Terry L. Elling, Holland & Knight, for Favor TechConsulting, the intervenor. Heather M. Mandelkehr, 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 Enterprise Services of Herndon, Virginia
WASHINGTON, June 21 -- The Government Accountability Office has issued a decision denying a bid protest filed by Enterprise Services of Herndon, Virginia.
According to the GAO, Enterprise Services "protests the award of a contract to Leidos, Inc., of Reston, Virginia, by the National Aeronautics and Space Administration (NASA), under request for proposals (RFP) No. 80NSSC18R0002, which was issued for end-user technology support services. Enterprise argues that NASA should have found Leidos' proposal ineligible for award based on organizational conflicts of interest (OCIs), and also argues that
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WASHINGTON, June 21 -- The Government Accountability Office has issued a decision denying a bid protest filed by Enterprise Services of Herndon, Virginia.
According to the GAO, Enterprise Services "protests the award of a contract to Leidos, Inc., of Reston, Virginia, by the National Aeronautics and Space Administration (NASA), under request for proposals (RFP) No. 80NSSC18R0002, which was issued for end-user technology support services. Enterprise argues that NASA should have found Leidos' proposal ineligible for award based on organizational conflicts of interest (OCIs), and also argues thatthe agency unreasonably evaluated the protester's and intervenor's proposals under the technical, price, and past performance factors."
The bid protest decision (B-417329,B-417329.2,B-417329.3) was issued on May 30, 2019 (https://www.gao.gov/products/B-417329,B-417329.2,B-417329.3).
In its findings, the GAO said: "1. Protest that the awardee had disqualifying organizational conflicts of interests (OCI) is denied where the agency waived the alleged conflicts, the waiver was consistent with the requirements of the Federal Acquisition Regulation, and denied where the agency's post-award exchanges with the awardee regarding its OCI mitigation plan do not constitute improper discussions.
2. Protest challenging the evaluation of the offerors' technical proposals is denied where, despite certain flaws in the evaluation, there is no basis to conclude that the agency improperly assigned higher ratings to the awardee's proposal.
3. Protest that the agency evaluated offerors' prices on an unequal basis is denied where the record does not show that the agency should have understood that offerors' prices were based on differing assumptions.
4. Protest challenging the evaluation of offerors' past performance is denied where, despite a lack of documentation for the evaluation of one of the awardee's references, there is no basis to conclude that the protester was prejudiced by the evaluation."
The participants in the case included: Daniel R. Forman, Jonathan M. Baker, Christian N. Curran, James Peyster, Puja Satiani, Nkechi Kanu, and Lauren H. Williams, Crowell & Moring, for the protester. James J. McCullough, Michael J. Anstett, Anayansi Rodriguez, and Katherine L. St. Romain, Fried, Frank, Harris, Shriver & Jacobson, for Leidos, the intervenor. Victoria H. Kauffman, Grant L. Arnold, Brian M. Stanford, and Troy D. Taylor, National Aeronautics and Space Administration, for the agency. Jonathan L. Kang, and Laura Eyester, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Dismisses Protest by Adams & Associates of Reno, Nevada
WASHINGTON, June 21 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by Adams and Associates of Reno, Nevada.
According to the GAO, Adams & Associates "protests its exclusion from competition under a task order request for quotations (TORFQ) issued under the Department of Labor's (DOL) "Contingency" multiple-award, indefinite-delivery, indefinite-quantity (IDIQ) contract for the interim operation of the agency's Atterbury Job Corps Center (JCC) in Edinburgh, Indiana. The protester argues that the agency has misconstrued the terms of a provision excluding
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WASHINGTON, June 21 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by Adams and Associates of Reno, Nevada.
According to the GAO, Adams & Associates "protests its exclusion from competition under a task order request for quotations (TORFQ) issued under the Department of Labor's (DOL) "Contingency" multiple-award, indefinite-delivery, indefinite-quantity (IDIQ) contract for the interim operation of the agency's Atterbury Job Corps Center (JCC) in Edinburgh, Indiana. The protester argues that the agency has misconstrued the terms of a provision excludingcertain incumbent contractors from competing for task orders under the Contingency IDIQ, or, in the alternative, that the relevant contract provision is contrary to law and regulation."
The bid protest decision (B-417534) was issued on June 4, 2019 (https://www.gao.gov/products/B-417534).
In its findings, the GAO said: "GAO lacks jurisdiction to hear protest of task order solicitation where task order's value, exclusive of the value of an option to extend services, is below $10 million and solicitation does not provide for the pricing or evaluation of the option to extend services."
The participants in the case included: Lindsay Simmons, Hopewell Darnielle, Jackson Kelly, for the protester. Jose Otero, Virginia Ackerman, Department of Labor, for the agency. Michael Willems, and Edward Goldstein, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Enterprise Services of Herndon, Virginia
WASHINGTON, June 21 -- The Government Accountability Office has issued a decision denying a bid protest filed by Enterprise Services of Herndon, Virginia.
According to the GAO, Enterprise Services "protests the award of a contract to Leidos, Inc., of Reston, Virginia, by the National Aeronautics and Space Administration (NASA), under request for proposals (RFP) No. 80NSSC18R0002, which was issued for end-user technology support services. Enterprise argues that NASA should have found Leidos' proposal ineligible for award based on organizational conflicts of interest (OCIs), and also argues that
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WASHINGTON, June 21 -- The Government Accountability Office has issued a decision denying a bid protest filed by Enterprise Services of Herndon, Virginia.
According to the GAO, Enterprise Services "protests the award of a contract to Leidos, Inc., of Reston, Virginia, by the National Aeronautics and Space Administration (NASA), under request for proposals (RFP) No. 80NSSC18R0002, which was issued for end-user technology support services. Enterprise argues that NASA should have found Leidos' proposal ineligible for award based on organizational conflicts of interest (OCIs), and also argues thatthe agency unreasonably evaluated the protester's and intervenor's proposals under the technical, price, and past performance factors."
The bid protest decision (B-417329,B-417329.2,B-417329.3) was issued on May 30, 2019 (https://www.gao.gov/products/B-417329,B-417329.2,B-417329.3).
In its findings, the GAO said: "1. Protest that the awardee had disqualifying organizational conflicts of interests (OCI) is denied where the agency waived the alleged conflicts, the waiver was consistent with the requirements of the Federal Acquisition Regulation, and denied where the agency's post-award exchanges with the awardee regarding its OCI mitigation plan do not constitute improper discussions.
2. Protest challenging the evaluation of the offerors' technical proposals is denied where, despite certain flaws in the evaluation, there is no basis to conclude that the agency improperly assigned higher ratings to the awardee's proposal.
3. Protest that the agency evaluated offerors' prices on an unequal basis is denied where the record does not show that the agency should have understood that offerors' prices were based on differing assumptions.
4. Protest challenging the evaluation of offerors' past performance is denied where, despite a lack of documentation for the evaluation of one of the awardee's references, there is no basis to conclude that the protester was prejudiced by the evaluation."
The participants in the case included: Daniel R. Forman, Jonathan M. Baker, Christian N. Curran, James Peyster, Puja Satiani, Nkechi Kanu, and Lauren H. Williams, Crowell & Moring, for the protester. James J. McCullough, Michael J. Anstett, Anayansi Rodriguez, and Katherine L. St. Romain, Fried, Frank, Harris, Shriver & Jacobson, for Leidos, the intervenor. Victoria H. Kauffman, Grant L. Arnold, Brian M. Stanford, and Troy D. Taylor, National Aeronautics and Space Administration, for the agency. Jonathan L. Kang, and Laura Eyester, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Peraton of Herndon, Virginia
WASHINGTON, June 21 -- The Government Accountability Office has issued a decision denying a bid protest filed by Peraton of Herndon, Virginia.
According to the GAO, Peraton "protests the award of a contract to AT&T Corp., of Oakton, Virginia, under request for proposals (RFP) No. NRO000-18-R-0049, issued by the Department of Defense, National Reconnaissance Office (NRO), for information technology (IT) network services as part of the agency's "Broadside" program. Peraton contends the agency's evaluation of offerors' proposals and resulting source selection decision were improper."
The bid protest
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WASHINGTON, June 21 -- The Government Accountability Office has issued a decision denying a bid protest filed by Peraton of Herndon, Virginia.
According to the GAO, Peraton "protests the award of a contract to AT&T Corp., of Oakton, Virginia, under request for proposals (RFP) No. NRO000-18-R-0049, issued by the Department of Defense, National Reconnaissance Office (NRO), for information technology (IT) network services as part of the agency's "Broadside" program. Peraton contends the agency's evaluation of offerors' proposals and resulting source selection decision were improper."
The bid protestdecision (B-417088,B-417088.2) was issued on February 6, 2019 (https://www.gao.gov/products/B-417088,B-417088.2).
In its findings, the GAO said: "1. Protest challenging the agency's evaluation of protester's technical and management proposals is denied where the evaluation was reasonable and consistent with the stated evaluation criteria, and adequately documented.
2. Protest alleging the agency's evaluation of offerors' technical proposals was unequal is denied where the protester's "double standard" assertions are not supported by the record.
3. Protest asserting the agency improperly discounted the major technical weaknesses in the awardee's proposal while improperly magnifying the major technical weakness in the protester's proposal is denied where the evaluation in each instance was reasonable and consistent with the stated evaluation criteria, and was not to be based on a simple counting of the major weaknesses, as the protester suggests."
The participants in the case included: Susan B. Cassidy, Jason N. Workmaster, and Weiss K. Nusraty, Covington & Burling, for the protester. Nicole J. Owren-Wiest, Gail D. Zirkelbach, Mark A. Ries, and Stephanie L. Crawford, Crowell & Moring, for AT&T, the intervenor. Lt. Col. Brian A. Young and Tyler E. Merkel, National Reconnaissance Office, for the agency. Louis A. Chiarella, Michael Willems, and Peter H. Tran, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Enterprise Services of Herndon, Virginia
WASHINGTON, June 21 -- The Government Accountability Office has issued a decision denying a bid protest filed by Enterprise Services of Herndon, Virginia.
According to the GAO, Enterprise Services "protests the award of a contract to Leidos, Inc., of Reston, Virginia, by the National Aeronautics and Space Administration (NASA), under request for proposals (RFP) No. 80NSSC18R0002, which was issued for end-user technology support services. Enterprise argues that NASA should have found Leidos' proposal ineligible for award based on organizational conflicts of interest (OCIs), and also argues that
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WASHINGTON, June 21 -- The Government Accountability Office has issued a decision denying a bid protest filed by Enterprise Services of Herndon, Virginia.
According to the GAO, Enterprise Services "protests the award of a contract to Leidos, Inc., of Reston, Virginia, by the National Aeronautics and Space Administration (NASA), under request for proposals (RFP) No. 80NSSC18R0002, which was issued for end-user technology support services. Enterprise argues that NASA should have found Leidos' proposal ineligible for award based on organizational conflicts of interest (OCIs), and also argues thatthe agency unreasonably evaluated the protester's and intervenor's proposals under the technical, price, and past performance factors."
The bid protest decision (B-417329,B-417329.2,B-417329.3) was issued on May 30, 2019 (https://www.gao.gov/products/B-417329,B-417329.2,B-417329.3).
In its findings, the GAO said: "1. Protest that the awardee had disqualifying organizational conflicts of interests (OCI) is denied where the agency waived the alleged conflicts, the waiver was consistent with the requirements of the Federal Acquisition Regulation, and denied where the agency's post-award exchanges with the awardee regarding its OCI mitigation plan do not constitute improper discussions.
2. Protest challenging the evaluation of the offerors' technical proposals is denied where, despite certain flaws in the evaluation, there is no basis to conclude that the agency improperly assigned higher ratings to the awardee's proposal.
3. Protest that the agency evaluated offerors' prices on an unequal basis is denied where the record does not show that the agency should have understood that offerors' prices were based on differing assumptions.
4. Protest challenging the evaluation of offerors' past performance is denied where, despite a lack of documentation for the evaluation of one of the awardee's references, there is no basis to conclude that the protester was prejudiced by the evaluation."
The participants in the case included: Daniel R. Forman, Jonathan M. Baker, Christian N. Curran, James Peyster, Puja Satiani, Nkechi Kanu, and Lauren H. Williams, Crowell & Moring, for the protester. James J. McCullough, Michael J. Anstett, Anayansi Rodriguez, and Katherine L. St. Romain, Fried, Frank, Harris, Shriver & Jacobson, for Leidos, the intervenor. Victoria H. Kauffman, Grant L. Arnold, Brian M. Stanford, and Troy D. Taylor, National Aeronautics and Space Administration, for the agency. Jonathan L. Kang, and Laura Eyester, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Enterprise Services of Herndon, Virginia
WASHINGTON, June 21 -- The Government Accountability Office has issued a decision denying a bid protest filed by Enterprise Services of Herndon, Virginia.
According to the GAO, Enterprise Services "protests the award of a contract to Leidos, Inc., of Reston, Virginia, by the National Aeronautics and Space Administration (NASA), under request for proposals (RFP) No. 80NSSC18R0002, which was issued for end-user technology support services. Enterprise argues that NASA should have found Leidos' proposal ineligible for award based on organizational conflicts of interest (OCIs), and also argues that
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WASHINGTON, June 21 -- The Government Accountability Office has issued a decision denying a bid protest filed by Enterprise Services of Herndon, Virginia.
According to the GAO, Enterprise Services "protests the award of a contract to Leidos, Inc., of Reston, Virginia, by the National Aeronautics and Space Administration (NASA), under request for proposals (RFP) No. 80NSSC18R0002, which was issued for end-user technology support services. Enterprise argues that NASA should have found Leidos' proposal ineligible for award based on organizational conflicts of interest (OCIs), and also argues thatthe agency unreasonably evaluated the protester's and intervenor's proposals under the technical, price, and past performance factors."
The bid protest decision (B-417329,B-417329.2,B-417329.3) was issued on May 30, 2019 (https://www.gao.gov/products/B-417329,B-417329.2,B-417329.3).
In its findings, the GAO said: "1. Protest that the awardee had disqualifying organizational conflicts of interests (OCI) is denied where the agency waived the alleged conflicts, the waiver was consistent with the requirements of the Federal Acquisition Regulation, and denied where the agency's post-award exchanges with the awardee regarding its OCI mitigation plan do not constitute improper discussions.
2. Protest challenging the evaluation of the offerors' technical proposals is denied where, despite certain flaws in the evaluation, there is no basis to conclude that the agency improperly assigned higher ratings to the awardee's proposal.
3. Protest that the agency evaluated offerors' prices on an unequal basis is denied where the record does not show that the agency should have understood that offerors' prices were based on differing assumptions.
4. Protest challenging the evaluation of offerors' past performance is denied where, despite a lack of documentation for the evaluation of one of the awardee's references, there is no basis to conclude that the protester was prejudiced by the evaluation."
The participants in the case included: Daniel R. Forman, Jonathan M. Baker, Christian N. Curran, James Peyster, Puja Satiani, Nkechi Kanu, and Lauren H. Williams, Crowell & Moring, for the protester. James J. McCullough, Michael J. Anstett, Anayansi Rodriguez, and Katherine L. St. Romain, Fried, Frank, Harris, Shriver & Jacobson, for Leidos, the intervenor. Victoria H. Kauffman, Grant L. Arnold, Brian M. Stanford, and Troy D. Taylor, National Aeronautics and Space Administration, for the agency. Jonathan L. Kang, and Laura Eyester, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies in Part Protest by 360 IT Integrated Solutions of Reston, Virginia
WASHINGTON, June 19 -- The Government Accountability Office has issued a decision denying in part and dismissing in part a bid protest filed by 360 IT Integrated Solutions of Reston, Virginia.
According to the GAO, 360 IT Integrated Solutions "protests the issuance of a task order to Inserso Corporation, a small business located in Vienna, Virginia, under request for quotations (RFQ) No. HSCETC-17-Q-00010, issued by the Department of Homeland Security (DHS) for information technology operations support services (ITOSS). The protester argues that the agency unreasonably evaluated quotations and
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WASHINGTON, June 19 -- The Government Accountability Office has issued a decision denying in part and dismissing in part a bid protest filed by 360 IT Integrated Solutions of Reston, Virginia.
According to the GAO, 360 IT Integrated Solutions "protests the issuance of a task order to Inserso Corporation, a small business located in Vienna, Virginia, under request for quotations (RFQ) No. HSCETC-17-Q-00010, issued by the Department of Homeland Security (DHS) for information technology operations support services (ITOSS). The protester argues that the agency unreasonably evaluated quotations andconducted a flawed best-value tradeoff determination."
The bid protest decision (B-414650.33,B-414650.34) was issued on May 24, 2019 (https://www.gao.gov/products/B-414650.33,B-414650.34).
In its findings, the GAO said: "1. Protest challenging a weakness assessed in the protester's technical approach is denied where the weakness was consistent with the evaluation criteria, reflected the agency's reasonable evaluation judgment, and had little, if any, effect on the agency's best-value tradeoff determination.
2. Protest challenging the agency's unequal assignment of strengths is dismissed where the protester failed to timely challenge the assessment of such strengths during an earlier protest proceeding.
3. Protest asserting that agency evaluated quotations unequally is denied where the agency evaluated quotations in accordance with the stated evaluation criteria and did not treat vendors unequally."
The participants in the case included: Richard J. Conway, Michael J. Slattery, and Ioana Cristei, Blank Rome, for the protester. Richard P. Rector, Dawn E. Stern, and Eric P. Roberson, DLA Piper(US), for Inserso, the intervenor. Gabriel E. Kennon, and Kasey Podzius, Department of Homeland Security, for the agency. Alexander O. Levine, and Jennifer D. Westfall-McGrail, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Akima Support Operations of Colorado Springs, Colorado
WASHINGTON, June 19 -- The Government Accountability Office has issued a decision denying a bid protest filed by Akima Support Operations of Colorado Springs, Colorado.
According to the GAO, Akima Support Operations "protests the award of a contract to Tsay Professional Services, a small business of Ohkay Owingeh, New Mexico, under request for proposals (RFP) No. W91249-18-R-0001, which was issued by the Department of the Army for base operation and maintenance support services at Fort Gordon, Georgia. The protester alleges that the agency erred in finding ASO's proposal unacceptable in various
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WASHINGTON, June 19 -- The Government Accountability Office has issued a decision denying a bid protest filed by Akima Support Operations of Colorado Springs, Colorado.
According to the GAO, Akima Support Operations "protests the award of a contract to Tsay Professional Services, a small business of Ohkay Owingeh, New Mexico, under request for proposals (RFP) No. W91249-18-R-0001, which was issued by the Department of the Army for base operation and maintenance support services at Fort Gordon, Georgia. The protester alleges that the agency erred in finding ASO's proposal unacceptable in variousrespects, and in finding ASO's estimated costs to be unrealistic."
The bid protest decision (B-417332) was issued on May 24, 2019 (https://www.gao.gov/products/B-417332).
In its findings, the GAO said: "Protest that agency erred in finding proposal unacceptable because an individual proposed for a key position did not possess minimum educational and work experience requirements specified in the solicitation is denied where the proposal failed to establish that the individual had either the necessary degree or the required experience."
The participants in the case included: Devon E. Hewitt, Michael E. Stamp, and Bret Marfut, ProTorae Law, for the protester. William Walker, Walker Reausaw, for the intervenor, Tsay Professional Services. Scott N. Flesch, Andrew J. Smith, and Felix Mason, Department of the Army, for the agency. Michael Willems, and Edward Goldstein, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by NetCentrics of Herndon, Virginia
WASHINGTON, June 19 -- The Government Accountability Office has issued a decision denying a bid protest filed by NetCentrics of Herndon, Virginia.
According to the GAO, NetCentrics "protests the decision of the Department of Defense, Washington Headquarters Services, to rescind the order it awarded NetCentrics under request for quotations (RFQ) No. HQ0034-18-R-0044, for information technology support services. NetCentrics asserts that the agency unreasonably determined that its quotation contained a material misrepresentation regarding key personnel."
The bid protest decision (B-417285.3) was
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WASHINGTON, June 19 -- The Government Accountability Office has issued a decision denying a bid protest filed by NetCentrics of Herndon, Virginia.
According to the GAO, NetCentrics "protests the decision of the Department of Defense, Washington Headquarters Services, to rescind the order it awarded NetCentrics under request for quotations (RFQ) No. HQ0034-18-R-0044, for information technology support services. NetCentrics asserts that the agency unreasonably determined that its quotation contained a material misrepresentation regarding key personnel."
The bid protest decision (B-417285.3) wasissued on June 5, 2019 (https://www.gao.gov/products/B-417285.3).
In its findings, the GAO said: "Protest that agency improperly rescinded a task order shortly after award is denied where, in its final quotation revision, protester misrepresented that a key person was a current employee, when in fact, the proposed key person was no longer employed by the firm."
The participants in the case included: Jeremy W. Dutra, Karen R. Harbaugh, and John R. Sharp, Squire Patton Boggs (US), for the protester. Daniel P. Graham, Ryan D. Stalnaker, and Caroline E. Colpoys, Vinson & Elkins, for the intervenor. Michael G. Anderson, Aaron Levin, and Lisa Marie Golden, Department of Defense, for the agency. Mary G. Curcio, and Laura Eyester, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by SigNet Technologies of Beltsville, Maryland
WASHINGTON, June 15 -- The Government Accountability Office has issued a decision denying a bid protest filed by SigNet Technologies of Beltsville, Maryland.
According to the GAO, SigNet Technologies "protests the award of a task order to Xator Corporation of Reston, Virginia, under request for proposals (RFP) No. W912DY-18-R-0052, issued by the United States Army Corps of Engineers (Corps) to plan, procure, and install a surveillance system in Kabul, Afghanistan. SigNet challenges the agency's evaluation of proposals and the resulting task order award."
The bid protest decision (B-417335,B-417335.2)
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WASHINGTON, June 15 -- The Government Accountability Office has issued a decision denying a bid protest filed by SigNet Technologies of Beltsville, Maryland.
According to the GAO, SigNet Technologies "protests the award of a task order to Xator Corporation of Reston, Virginia, under request for proposals (RFP) No. W912DY-18-R-0052, issued by the United States Army Corps of Engineers (Corps) to plan, procure, and install a surveillance system in Kabul, Afghanistan. SigNet challenges the agency's evaluation of proposals and the resulting task order award."
The bid protest decision (B-417335,B-417335.2)was issued on May 28, 2019 (https://www.gao.gov/products/B-417335,B-417335.2).
In its findings, the GAO said: "1. Protest that agency conducted inadequate discussions is denied where the agency led the offeror into the general area of its proposal requiring amplification or revision as acknowledged by the offeror in its final proposal revision.
2. Protest challenging the evaluation of the awardee's proposal is dismissed where protester contests a performance requirement that need not be met prior to contract award, which raises an issue of contract administration that our Office does not consider."
The participants in the case included: Ira E. Hoffman, Butzel Long, for the protester. David S. Black, Gregory R. Hallmark, and Amy L. Fuentes, Holland & Knight, for Xator Corporation, an intervenor. Karl W. Kuhn and C. Clay Weisenberger, Department of the Army, for the agency. Sarah T. Zaffina, and Peter H. Tran, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Veteran Shredding of Burnsville, Minnesota
WASHINGTON, June 15 -- The Government Accountability Office has issued a decision denying a bid protest filed by Veteran Shredding of Burnsville, Minnesota.
According to the GAO, Veteran Shredding "protests the terms of request for quotations (RFQ) No. 36C26319Q0276, issued by the Department of Veterans Affairs (VA) for document destruction services for the Minneapolis Veteran's Affairs Healthcare System (MVAHCS). Veteran Shredding argues that the contracting officer improperly failed to set aside the RFQ for award to service-disabled veteran-owned small businesses (SDVOSB), and instead designated
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WASHINGTON, June 15 -- The Government Accountability Office has issued a decision denying a bid protest filed by Veteran Shredding of Burnsville, Minnesota.
According to the GAO, Veteran Shredding "protests the terms of request for quotations (RFQ) No. 36C26319Q0276, issued by the Department of Veterans Affairs (VA) for document destruction services for the Minneapolis Veteran's Affairs Healthcare System (MVAHCS). Veteran Shredding argues that the contracting officer improperly failed to set aside the RFQ for award to service-disabled veteran-owned small businesses (SDVOSB), and instead designatedthe RFQ as a small business set-aside."
The bid protest decision (B-417399) was issued on June 4, 2019 (https://www.gao.gov/products/B-417399).
In its findings, the GAO said: "Protest that agency failed to set aside solicitation for document destruction services for service-disabled veteran-owned small businesses (SDVOSB) is denied where agency reasonably concluded that it was unlikely to receive quotations from two or more SDVOSBs and that award could be made at a fair and reasonable price."
The participants in the case included: Joseph A. Whitcomb, Michael C. Milazzo, Whitcomb, Selinsky, McAuliffe, for the protester. Donald C. Mobly, Natica Chapman Neely, Department of Veterans Affairs, for the agency. Christopher Alwood, and Edward Goldstein, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by InfoPoint of Livonia, Michigan
WASHINGTON, June 14 -- The Government Accountability Office has issued a decision denying a bid protest filed by InfoPoint of Livonia, Michigan.
According to the GAO, InfoPoint "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-415716.20) was issued on April 5, 2019 (https://www.gao.gov/products/B-415716.20).
In its findings, the GAO said: "Protest challenging the agency's evaluation of protester's proposal under the technical
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WASHINGTON, June 14 -- The Government Accountability Office has issued a decision denying a bid protest filed by InfoPoint of Livonia, Michigan.
According to the GAO, InfoPoint "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-415716.20) was issued on April 5, 2019 (https://www.gao.gov/products/B-415716.20).
In its findings, the GAO said: "Protest challenging the agency's evaluation of protester's proposal under the technicalexperience evaluation factor is denied where the record shows that the evaluation was reasonable and consistent with the solicitation."
The participants in the case included: Megan M. Jeschke, and Elizabeth N. Jochum, Holland & Knight, for the protester. Capt. Jacquelyn Fiorello, Maj. Ryan P. Payne, and Alexis J. Bernstein, 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 Protest by 22nd Century Technologies of McLean, Virginia
WASHINGTON, June 13 -- The Government Accountability Office has issued a decision denying a bid protest filed by 22nd Century Technologies of McLean, Virginia.
According to the GAO, 22nd Century Technologies "protests the issuance of a task order to Highlight Technologies, LLC, a small business of Fairfax, Virginia, by the Defense Information Systems Agency (DISA), under request for quotations (RFQ) No. 831711684 which was issued for the acquisition of information support services. The protester contends that the agency unreasonably evaluated the protester's quotation by failing to credit it with
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WASHINGTON, June 13 -- The Government Accountability Office has issued a decision denying a bid protest filed by 22nd Century Technologies of McLean, Virginia.
According to the GAO, 22nd Century Technologies "protests the issuance of a task order to Highlight Technologies, LLC, a small business of Fairfax, Virginia, by the Defense Information Systems Agency (DISA), under request for quotations (RFQ) No. 831711684 which was issued for the acquisition of information support services. The protester contends that the agency unreasonably evaluated the protester's quotation by failing to credit it withvarious strengths under the technical factor, that quotations were disparately evaluated, and that the agency's best-value tradeoff analysis was flawed."
The bid protest decision (B-417336,B-417336.2) was issued on May 24, 2019 (https://www.gao.gov/products/B-417336,B-417336.2).
In its findings, the GAO said: "1. Protest alleging that agency unreasonably failed to assign multiple strengths to protester's quotation is denied where protester fails to demonstrate that the agency's evaluation was unreasonable.
2. Protest challenging the evaluation of quotations is denied where the awardee's superior ratings stemmed from differences in the quotations and not from disparate treatment."
The participants in the case included: Daniel J. Strouse, Cordatis, for the protester. Colleen A. Eagan, Nati Silva, Vera A. Strebel, and Anthony J. Balestreri, Defense Information Systems Agency, for the agency. Stephanie B. Magnell, and Amy B. Pereira, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Advanced Turbine Engine of Phoenix, Arizona
WASHINGTON, June 13 -- The Government Accountability Office has issued a decision denying a bid protest filed by Advanced Turbine Engine of Phoenix, Arizona.
According to the GAO, Advanced Turbine Engine "protests the award of an engineering and manufacturing development (EMD) contract for the improved turbine engine program (ITEP) to General Electric Aviation (GE), of Lynn, Massachusetts, under request for proposals No. W58RGZ-18-R-0058, issued by the Department of the Army, Army Materiel Command (Army). ATEC challenges multiple aspects of the agency's evaluation and source selection decision."
The
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WASHINGTON, June 13 -- The Government Accountability Office has issued a decision denying a bid protest filed by Advanced Turbine Engine of Phoenix, Arizona.
According to the GAO, Advanced Turbine Engine "protests the award of an engineering and manufacturing development (EMD) contract for the improved turbine engine program (ITEP) to General Electric Aviation (GE), of Lynn, Massachusetts, under request for proposals No. W58RGZ-18-R-0058, issued by the Department of the Army, Army Materiel Command (Army). ATEC challenges multiple aspects of the agency's evaluation and source selection decision."
Thebid protest decision (B-417324,B-417324.2) was issued on May 30, 2019 (https://www.gao.gov/products/B-417324,B-417324.2).
In its findings, the GAO said: "1. Protest challenging agency's evaluation of awardee's maintainability metrics is denied where record shows that the agency's evaluation was reasonable and consistent with the solicitation, and the protester has not shown prejudice.
2. Protest challenging agency's evaluation of awardee's proposal with respect to an engine performance and operability requirement is denied where the basis for the protester's argument is not supported by the record.
3. Protest challenging the agency's evaluation of the awardee's proposal with respect to the use of ceramic matrix composite hardware in its proposed engine is denied where the record shows the agency reasonably determined that the awardee's proposal contained sufficient information to satisfy the solicitation's requirements.
4. Protest alleging disparate treatment in the award of strengths regarding electrical integration of the engine is denied where the record shows that the agency reasonably determined that the protester's proposal did not provide the same benefits as the awardee's proposal.
5. Protest challenging the agency's evaluation of the offerors' proposed data rights is denied where the record shows the agency reasonably determined that both offerors' proposed data rights met the requirements of the solicitation.
6. Protest alleging that the agency's cost realism evaluation was incomplete because it did not consider the technical risk assessed to the awardee's technical proposal is denied where agency reasonably considered risk as part of its technical evaluation and there is nothing in the record to suggest that the agency determined that risk would affect the awardee's ability to perform at its proposed costs.
6. Protest alleging that the offerors had a materially different understanding of the solicitation requirements is denied where protest is based on fact that protester proposed more labor hours than awardee and protester has not identified a solicitation requirement that led to the disparate understanding.
7. Protest alleging misleading discussions regarding proposed labor hours is denied where record shows that the agency conducted discussions with the protester about its proposed labor hours."
The participants in the case included: Scott M. McCaleb Jon W. Burd Tracye W. Howard Brian Walsh Gary S. Ward Cara L. Lasley and Sarah B. Hansen Wiley Rein, for the protester. Marcia G. Madsen David F. Dowd Luke Levasseur and Roger V. Abbott Mayer Brown, for General Electric Aviation, the intervenor.
Wade L. Brown Matthew A. McNease and Christopher C. Schwan Department of the Army, for the agency. John Sorrenti and Christina Sklarew Office of the General Counsel, GAO, participated in the preparation of the decision
GAO Denies Protest by Alaska Structures of Scottsdale, Arizona
WASHINGTON, June 13 -- The Government Accountability Office has issued a decision denying a bid protest filed by Alaska Structures of Scottsdale, Arizona.
According to the GAO, Alaska Structures "protests the award of a contract to California Industrial Facilities Resources, Inc. d/b/a CAMSS Shelters, of Monroe, Washington, under request for quotations (RFQ) No. PANAPG-19-P-0000-009036, issued by the Department of the Army for shelter tents. AKS alleges that the agency unreasonably evaluated the quotations."
The bid protest decision (B-417466) was issued on June 7, 2019 (https://www.gao.gov/products/B-417466).
In
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WASHINGTON, June 13 -- The Government Accountability Office has issued a decision denying a bid protest filed by Alaska Structures of Scottsdale, Arizona.
According to the GAO, Alaska Structures "protests the award of a contract to California Industrial Facilities Resources, Inc. d/b/a CAMSS Shelters, of Monroe, Washington, under request for quotations (RFQ) No. PANAPG-19-P-0000-009036, issued by the Department of the Army for shelter tents. AKS alleges that the agency unreasonably evaluated the quotations."
The bid protest decision (B-417466) was issued on June 7, 2019 (https://www.gao.gov/products/B-417466).
Inits findings, the GAO said: "Protest is denied where the evaluation was consistent with the solicitation and the awardee's quotation demonstrated compliance with the requisite technical specifications."
The participants in the case included: Richard J. Conway, and Michael J. Montalbano, Blank Rome, for the protester. Paul F. Khoury, Brian G. Walsh, and Cara L. Lasley, Wiley Rein, for California Industrial Facilities Resources, Inc. d/b/a CAMSS Shelters, the intervenor. Daniel J. Torano, and Matthew R. Wilson, 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 Castro & Co. of Alexandria, Virginia
WASHINGTON, June 13 -- The Government Accountability Office has issued a decision denying a bid protest filed by Castro and Co. of Alexandria, Virginia.
According to the GAO, Castro & Co. "protests the award of a task order to TFC Consulting, Inc., of Rockville, Maryland, by the Department of Homeland Security (DHS), Transportation Security Administration (TSA) under request for quotations (RFQ) No. HSTS01-17-Q-FIN001 for financial and performance audit services. Castro challenges the evaluation of the firm's quotation under various non-price factors."
The bid protest decision (B-415508.10) was
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WASHINGTON, June 13 -- The Government Accountability Office has issued a decision denying a bid protest filed by Castro and Co. of Alexandria, Virginia.
According to the GAO, Castro & Co. "protests the award of a task order to TFC Consulting, Inc., of Rockville, Maryland, by the Department of Homeland Security (DHS), Transportation Security Administration (TSA) under request for quotations (RFQ) No. HSTS01-17-Q-FIN001 for financial and performance audit services. Castro challenges the evaluation of the firm's quotation under various non-price factors."
The bid protest decision (B-415508.10) wasissued on June 11, 2019 (https://www.gao.gov/products/B-415508.10).
In its findings, the GAO said: "Protest that the agency unreasonably evaluated quotations under various evaluation factors is denied where the record shows that the agency's evaluation was reasonable."
The participants in the case included: Thomas Castro, Castro & Company, for the protester. Victor A. Kubli, Law Office of Victor A. Kubli, for TFC Consulting, the intervenor. Michael Kiffney, Christopher Reames, Department of Homeland Security, for the agency. Robert T. Wu, and Peter H. Tran, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Grand Ground Enterprise of Washington, DC
WASHINGTON, June 13 -- The Government Accountability Office has issued a decision denying a bid protest filed by Grand Ground Enterprise of Washington, District of Columbia.
According to the GAO, Grand Ground Enterprise "protests the Department of Defense, Defense Intelligence Agency's (DIA) decision to exclude ATC's quotation from consideration under request for quotations (RFQ) No. HHM402-18-Q-0002, for operational counter-intelligence analysis support services. The protester challenges the agency's corrective action and its evaluation of certain labor categories under ATC's Federal Supply Schedule
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WASHINGTON, June 13 -- The Government Accountability Office has issued a decision denying a bid protest filed by Grand Ground Enterprise of Washington, District of Columbia.
According to the GAO, Grand Ground Enterprise "protests the Department of Defense, Defense Intelligence Agency's (DIA) decision to exclude ATC's quotation from consideration under request for quotations (RFQ) No. HHM402-18-Q-0002, for operational counter-intelligence analysis support services. The protester challenges the agency's corrective action and its evaluation of certain labor categories under ATC's Federal Supply Schedule(FSS) contract."
The bid protest decision (B-416981.3) was issued on June 4, 2019 (https://www.gao.gov/products/B-416981.3).
In its findings, the GAO said: "Protest challenging the agency's evaluation of a vendor's labor categories after taking corrective action is denied where the record shows the evaluation was reasonable and in accordance with the solicitation's stated evaluation criteria."
The participants in the case included: Barbara S. Kinosky, Centre Law and Consulting, for the protester. Gregory A. Moritz, Michael Ahl, Jessica A. Easton, and Christopher Kovach, Defense Intelligence Agency, for the agency.
Young S. Lee, and Peter H. Tran, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by TRAX International of Las Vegas, Nevada
WASHINGTON, June 13 -- The Government Accountability Office has issued a decision denying a bid protest filed by TRAX International of Las Vegas, Nevada.
According to the GAO, TRAX International "protests the actions of the Department of the Army in connection with request for proposals No. W91151-18-R-0005, issued for mission support services at White Sands Missile Range. TRAX, the current incumbent contractor for these requirements, argues that the agency failed to investigate and resolve adequately an alleged Procurement Integrity Act (PIA) violation."
The bid protest decision (B-416927.3,B-416927.4)
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WASHINGTON, June 13 -- The Government Accountability Office has issued a decision denying a bid protest filed by TRAX International of Las Vegas, Nevada.
According to the GAO, TRAX International "protests the actions of the Department of the Army in connection with request for proposals No. W91151-18-R-0005, issued for mission support services at White Sands Missile Range. TRAX, the current incumbent contractor for these requirements, argues that the agency failed to investigate and resolve adequately an alleged Procurement Integrity Act (PIA) violation."
The bid protest decision (B-416927.3,B-416927.4)was issued on May 2, 2019 (https://www.gao.gov/products/B-416927.3,B-416927.4).
In its findings, the GAO said: "Protester's contention that an agency failed to investigate and resolve adequately a Procurement Integrity Act violation is denied where the record shows that the agency did, in fact, place certain data relating to the protester's performance of the predecessor contract on a government computer that was potentially accessible by other contractors, but also shows that: (1) upon learning of the availability of the protester's information, the agency acted promptly to safeguard the information by removing it from its accessible computer; (2) much of the information was placed on the government computer after final proposal revisions were submitted to the agency, and thus could not have compromised the integrity of this procurement; and (3) the remainder of the information was not competitively useful."
The participants in the case included: Amy L. O'Sullivan James Peyster and Olivia L. Lynch Crowell & Moring, for the protester. Scott N. Flesch Lt. Col. Andrew J. Smith, and Harry M. Parent, Department of the Army, for the agency.
Scott H. Riback and Tania Calhoun Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Dismisses in Part Protest by CyberData Technologies of Herndon, Virginia
WASHINGTON, June 13 -- The Government Accountability Office has issued a decision dismissing in part and denying in part a bid protest filed by CyberData Technologies of Herndon, Virginia.
According to the GAO, CyberData Technologies "protests the issuance of a task order to Ace Info Solutions, Inc., of Reston, Virginia, under request for quotations (RFQ) No. EG-133W-17-RQ-1234, issued by the Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), for weather and climate computing infrastructure services. CyberData challenges the technical evaluation and the best-value
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WASHINGTON, June 13 -- The Government Accountability Office has issued a decision dismissing in part and denying in part a bid protest filed by CyberData Technologies of Herndon, Virginia.
According to the GAO, CyberData Technologies "protests the issuance of a task order to Ace Info Solutions, Inc., of Reston, Virginia, under request for quotations (RFQ) No. EG-133W-17-RQ-1234, issued by the Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), for weather and climate computing infrastructure services. CyberData challenges the technical evaluation and the best-valuetradeoff decision."
The bid protest decision (B-417084.3 ) was issued on June 6, 2019 (https://www.gao.gov/products/B-417084.3).
In its findings, the GAO said: "1. Protest challenging the agency's technical evaluation is dismissed where the protester had the information necessary to raise the challenges during a prior protest but failed to do so; or did so and was dismissed in a prior decision.
2. Protest challenging the agency's best-value tradeoff decision is denied where the record reflects that the selection official reasonably found the quotations of the awardee and the protester to be essentially technically equal and selected the lower-priced proposal for award."
The participants in the case included: Bryan R. King, and Edward J. Tolchin, Offit Kurman, for the protester. David B. Dixon, Meghan D. Doherty, and Robert C. Starling, Pillsbury Winthrop Shaw Pittman, for Ace Info Solutions, the intervenor. Florence N. Bridges, Department of Commerce, for the agency.
April Y. Shields, and Christina Sklarew, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Dismisses Protest by Tetra Tech of Pasadena, California
WASHINGTON, June 11 -- The Government Accountability Office has issued a decision dismissing in part and denying in part a bid protest filed by Tetra Tech of Pasadena, California.
According to the GAO, Tetra Tech "protests the issuance of a task order to Booz Allen Hamilton (BAH), of McLean, Virginia, under request for proposals (RFP) No. 70FA20-18-R-00000014, issued by the Department of Homeland Security, Federal Emergency Management Agency (FEMA), for a full range of national preparedness exercise support services. The protester challenges the agency's evaluation of its proposal and contends
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WASHINGTON, June 11 -- The Government Accountability Office has issued a decision dismissing in part and denying in part a bid protest filed by Tetra Tech of Pasadena, California.
According to the GAO, Tetra Tech "protests the issuance of a task order to Booz Allen Hamilton (BAH), of McLean, Virginia, under request for proposals (RFP) No. 70FA20-18-R-00000014, issued by the Department of Homeland Security, Federal Emergency Management Agency (FEMA), for a full range of national preparedness exercise support services. The protester challenges the agency's evaluation of its proposal and contendsthat the agency engaged in unequal exchanges with offerors."
The bid protest decision (B-416861.2,B-416861.3) was issued on May 22, 2019 (https://www.gao.gov/products/B-416861.2,B-416861.3).
In its findings, the GAO said: "1. Protest challenging the agency's evaluation of the protester's proposal and the agency's best-value tradeoff decision is dismissed where the protester withdrew and/or abandoned its substantive challenges to the agency's evaluation and award decision.
2. Protest alleging that the agency engaged in unequal exchanges with offerors is denied where the record shows that, in conducting a task order acquisition pursuant to Federal Acquisition Regulation (FAR) subpart 16.5, the agency established a competitive range that excluded the protester.
3. Protest alleging that the agency failed to comply with the pre-award notification requirements of FAR Sec. 15.503(a)(1) is dismissed for failure to state a valid basis of protest where the failure to provide such notice constitutes a procedural deficiency that does not affect the validity of the award."
The participants in the case included: Holly A. Roth, and Elizabeth Leavy, Reed Smith, for the protester. Mark D. Colley, Kristen E. Ittig, and Craig A. Schwartz, Arnold & Porter Kaye Scholer, for Booz Allen Hamilton, the intervenor. Matthew Lane, and Hillary J. Freund, Department of Homeland Security, for the agency. Elizabeth Witwer, and Jennifer D. Westfall-McGrail, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Chromalloy of San Diego, California
WASHINGTON, June 8 -- The Government Accountability Office has issued a decision denying a bid protest filed by Chromalloy of San Diego, California.
According to the GAO, Chromalloy "protests the provisions of request for proposals (RFP) No. N64498-18-R-4023, issued by the Department of the Navy, to perform depot-level overhaul of LM2500 turbine gas generators. Specifically, Chromalloy challenges, as overly restrictive, the solicitation's requirements that an offeror have access to the original equipment manufacturer's (OEM) technical data and OEM tooling."
The bid protest decision (B-416990.2)
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WASHINGTON, June 8 -- The Government Accountability Office has issued a decision denying a bid protest filed by Chromalloy of San Diego, California.
According to the GAO, Chromalloy "protests the provisions of request for proposals (RFP) No. N64498-18-R-4023, issued by the Department of the Navy, to perform depot-level overhaul of LM2500 turbine gas generators. Specifically, Chromalloy challenges, as overly restrictive, the solicitation's requirements that an offeror have access to the original equipment manufacturer's (OEM) technical data and OEM tooling."
The bid protest decision (B-416990.2)was issued on June 3, 2019 (https://www.gao.gov/products/B-416990.2).
In its findings, the GAO said: "In solicitation for depot-level overhaul of turbine generators used to power certain Navy ships, agency reasonably required offerors to have access to the original equipment manufacturer's (OEM) technical data and to OEM tooling."
The participants in the case included: William M. Weisberg, Law Offices of William Weisberg, for the protester. Howard B. Rein, Paul C. Scheck, and Kerry G. Hotopp, Department of the Navy, for the agency. Glenn G. Wolcott, April Y. Shields, and Christina Sklarew, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by C2G of Goose Creek, South Carolina
WASHINGTON, June 6 -- The Government Accountability Office has issued a decision denying a bid protest filed by C2G of Goose Creek, South Carolina.
According to the GAO, C2G "protests the award of a contract to International Service Contractors, LLC, (ISC), of Winter Garden, Florida, under request for proposals (RFP) No. HSFE70-17-R-0018, issued by the Department of Homeland Security, Federal Emergency Management Agency (FEMA) for vehicle and equipment maintenance services. C2G challenges the agency's evaluation of proposals."
The bid protest decision (B-416460.3,B-416460.5) was issued on May
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WASHINGTON, June 6 -- The Government Accountability Office has issued a decision denying a bid protest filed by C2G of Goose Creek, South Carolina.
According to the GAO, C2G "protests the award of a contract to International Service Contractors, LLC, (ISC), of Winter Garden, Florida, under request for proposals (RFP) No. HSFE70-17-R-0018, issued by the Department of Homeland Security, Federal Emergency Management Agency (FEMA) for vehicle and equipment maintenance services. C2G challenges the agency's evaluation of proposals."
The bid protest decision (B-416460.3,B-416460.5) was issued on May14, 2019 (https://www.gao.gov/products/B-416460.3,B-416460.5).
In its findings, the GAO said: "Protest challenging the agency's evaluation of proposals and source selection decision is denied where the record shows that the agency reasonably evaluated proposals and made award in accordance with the terms of the solicitation, as well as applicable procurement law and regulation."
The participants in the case included: Katherine S. Nucci, and Scott F. Lane, Thompson Coburn, for the protester. Samantha Ahrendt, and Bruce James, Department of Homeland Security, for the agency. Joshua R. Gillerman, and Tania Calhoun, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Sustains Protest by Information International Associates of Alexandria, Virginia
WASHINGTON, June 6 -- The Government Accountability Office has issued a decision sustaining a bid protest filed by Information International Associates of Alexandria, Virginia.
According to the GAO, Information International Associates "protests the award of the Homeland Defense and Security Information Analysis Center (HDIAC) Basic Center Operations (BCO) contract to Quanterion Solutions Inc., of Utica, New York, under request for proposals (RFP) No. FA8075-18-R-0001, issued by the Department of the Air Force for the collection, analysis, synthesizing/processing, and dissemination of scientific
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WASHINGTON, June 6 -- The Government Accountability Office has issued a decision sustaining a bid protest filed by Information International Associates of Alexandria, Virginia.
According to the GAO, Information International Associates "protests the award of the Homeland Defense and Security Information Analysis Center (HDIAC) Basic Center Operations (BCO) contract to Quanterion Solutions Inc., of Utica, New York, under request for proposals (RFP) No. FA8075-18-R-0001, issued by the Department of the Air Force for the collection, analysis, synthesizing/processing, and dissemination of scientificand technical information. Agency Report (AR), Tab 3, Conformed RFP at 15. The protester challenges the agency's technical, past performance, and cost evaluations and the reasonableness of the agency's source selection."
The bid protest decision (B-416826.2,B-416826.3,B-416826.4) was issued on May 28, 2019 (https://www.gao.gov/products/B-416826.2,B-416826.3,B-416826.4).
In its findings, the GAO said: "1. Agency unreasonably evaluated awardee's proposal as containing a strength where the added benefit identified by the agency was either not consistent with the terms of the solicitation or not adequately supported by the record, and the agency unreasonably evaluated the protester's proposal as containing a weakness where the awardee's proposal was not materially different from the protester's and only the protester's proposal was assessed a weakness.
2. Challenge to the agency's consideration of past performance in the source selection is denied where minor differences in the offerors' past performance was insufficient to call into question the reasonableness of the source selection authority's conclusion that the two offerors were essentially equal with respect to past performance.
3. Protester's challenge to the agency's evaluation of awardee's cost proposal is denied where the protester failed to demonstrate prejudice from alleged errors in the evaluation."
The participants in the case included: John J. O'Brien, David S. Cohen, and Daniel J. Strouse, Cordatis, for the protester. Evan A. Rossi, Rossi & Rossi Attorneys at Law, for Quanterion Solutions, the intervenor. Lt. Col. Damund Williams and Matthew Ruane, Department of the Air Force, for the agency.
Kenneth Kilgour, and Jennifer D. Westfall-McGrail, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Quantech Services of Lexington, Massachusetts
WASHINGTON, June 5 -- The Government Accountability Office has issued a decision denying a bid protest filed by Quantech Services of Lexington, Massachusetts.
According to the GAO, Quantech Services "protests the issuance of a task order to Tecolote Research, Inc., a small business of Goleta, California, under request for proposals (RFP) No. FA8810-18-R-0001, issued by the Department of the Air Force, Space and Missile Systems Center (SMC) for acquisition, communications, and administrative support services. Quantech alleges that the agency departed from the solicitation's established evaluation
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WASHINGTON, June 5 -- The Government Accountability Office has issued a decision denying a bid protest filed by Quantech Services of Lexington, Massachusetts.
According to the GAO, Quantech Services "protests the issuance of a task order to Tecolote Research, Inc., a small business of Goleta, California, under request for proposals (RFP) No. FA8810-18-R-0001, issued by the Department of the Air Force, Space and Missile Systems Center (SMC) for acquisition, communications, and administrative support services. Quantech alleges that the agency departed from the solicitation's established evaluationcriteria, unreasonably evaluated technical proposals, and conducted a flawed best-value tradeoff."
The bid protest decision (B-417347,B-417347.2) was issued on May 29, 2019 (https://www.gao.gov/products/B-417347,B-417347.2).
In its findings, the GAO said: "Protest challenging agency's selection of a higher technically rated proposal at a higher cost is denied where agency reasonably evaluated offerors' proposals and identified discriminators to justify selection of the higher-priced proposal."
The participants in the case included: John R. Prairie, Martha G. Vazquez, Cara L. Lasley, Wiley Rein, for the protester. Richard B. Oliver, J. Matthew Carter, Pillsbury Winthrop Shaw Pittman, for Tecolote Research, the intervenor. Lt. Col. Nathaniel H. Sears, Erika Whelan Retta, Alexis J. Bernstein, Department of the Air Force, for the agency. Heather Self, and Edward Goldstein, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Dismisses Protest by CredoGov of Irvine, California
WASHINGTON, June 5 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by CredoGov of Irvine, California.
According to the GAO, CredoGov "protests the Department of the Army's decision to resolicit its requirements for information technology (IT) hardware pursuant to request for proposals (RFP) No. W52P1J-15-R-0122, and also protests the agency's rejection of the proposal CredoGov submitted in response to that solicitation."
The bid protest decision (B-414389.38) was issued on May 31, 2019 (https://www.gao.gov/products/B-414389.38).
In its findings, the
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WASHINGTON, June 5 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by CredoGov of Irvine, California.
According to the GAO, CredoGov "protests the Department of the Army's decision to resolicit its requirements for information technology (IT) hardware pursuant to request for proposals (RFP) No. W52P1J-15-R-0122, and also protests the agency's rejection of the proposal CredoGov submitted in response to that solicitation."
The bid protest decision (B-414389.38) was issued on May 31, 2019 (https://www.gao.gov/products/B-414389.38).
In its findings, theGAO said: "1. Protest challenging the manner in which a procurement is conducted, as disclosed in the terms of the solicitation, must be filed prior to the closing date for submission of proposals.
2. Protest based on allegations other than challenges to the terms of a solicitation must be filed within 10 days of the time the protester knew of its alleged bases for protest."
The participants in the case included: James Gunn for the protester.
Wade L. Brown, and Jonathan A. Hardage, Department of the Army, for the agency. Glenn G. Wolcott, and Christina Sklarew, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Sustains Protest by Veterans4You of Fort Lauderdale, Florida
WASHINGTON, June 5 -- The Government Accountability Office has issued a decision sustaining a bid protest filed by Veterans4You of Fort Lauderdale, Florida.
According to the GAO, Veterans4You "protests the terms of invitation for bids (IFB) No. 19-00138/011992, issued by the Government Publishing Office (GPO) to acquire, on behalf of the Department of Veterans Affairs (VA), a quantity of suicide prevention gun locks. V4Y argues that the solicitation improperly fails to give preference to service-disabled veteran-owned small businesses (SDVOSBs) or veteran-owned small businesses (VOSBs)."
The
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WASHINGTON, June 5 -- The Government Accountability Office has issued a decision sustaining a bid protest filed by Veterans4You of Fort Lauderdale, Florida.
According to the GAO, Veterans4You "protests the terms of invitation for bids (IFB) No. 19-00138/011992, issued by the Government Publishing Office (GPO) to acquire, on behalf of the Department of Veterans Affairs (VA), a quantity of suicide prevention gun locks. V4Y argues that the solicitation improperly fails to give preference to service-disabled veteran-owned small businesses (SDVOSBs) or veteran-owned small businesses (VOSBs)."
Thebid protest decision (B-417340,B-417340.2) was issued on June 3, 2019 (https://www.gao.gov/products/B-417340,B-417340.2).
In its findings, the GAO said: "Protest challenging terms of solicitation issued by Government Publishing Office to acquire suicide prevention gun locks on behalf of the Department of Veterans Affairs that fails to implement the requirements of the Veterans Benefits, Health Care, and Information Technology Act of 2006 is sustained where record shows that acquisition is being conducted without regard to that Act's requirements relating to reserving contracting opportunities for service-disabled veteran-owned small businesses or veteran-owned small businesses."
The participants in the case included: Sarah Reida, Legal Meets Practical, for the protester. Craig D. Barrett, for the Government Publishing Office; and Steven Devine Department of Veterans Affairs, for the agencies. Scott H. Riback, and Tania Calhoun, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Arch Systems of Baltimore, Maryland
WASHINGTON, June 1 -- The Government Accountability Office has issued a decision denying a bid protest filed by Arch Systems of Baltimore, Maryland.
According to the GAO, Arch Systems "protests the issuance of a task order to Sparksoft Corporation, of Catonsville, Maryland, also a small business, under task order request for proposals (TORP) No. 180323, issued by the Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS), to obtain operation, maintenance, and development of the multidimensional information data analytics system (MIDAS) for CMS's Center for Consumer
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WASHINGTON, June 1 -- The Government Accountability Office has issued a decision denying a bid protest filed by Arch Systems of Baltimore, Maryland.
According to the GAO, Arch Systems "protests the issuance of a task order to Sparksoft Corporation, of Catonsville, Maryland, also a small business, under task order request for proposals (TORP) No. 180323, issued by the Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS), to obtain operation, maintenance, and development of the multidimensional information data analytics system (MIDAS) for CMS's Center for ConsumerInformation and Insurance Oversight (CCIIO). The protester contends that CMS misevaluated both its and Sparksoft's proposals, evaluated proposals unequally, and made a source selection decision that was inconsistent with the criteria in the TORP."
The bid protest decision (B-417110.5,B-417110.6) was issued on May 23, 2019 (https://www.gao.gov/products/B-417110.5,B-417110.6).
In its findings, the GAO said: "Protest that agency misevaluated task order proposals and made an unreasonable source selection decision is denied where the evaluation was reasonable and consistent with the solicitation criteria, and where the agency's source selection decision reasonably determined that protester's and successful vendor's task order proposals were essentially technically equal, and the selection of the successful vendor based on its lower evaluated price/cost was consistent with the solicitation."
The participants in the case included: Andrew J. Mohr, C. Kelly Kroll, and Daniel I. Prywes, Morris, Manning & Martin, for the protester. David B. Dixon, Alexander B. Ginsberg, Meghan D. Doherty, Toghrul M. Shukurlu, and Robert C. Starling, Pillsbury Winthrop Shaw Pittman, for Sparksoft, the intervenor. Seeta Rebbapragada, and Pamela Waldron, Department of Health and Human Services, for the agency. Paul N. Wengert, and Tania Calhoun, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Segue Technologies of Arlington, Virginia.
WASHINGTON, June 1 -- The Government Accountability Office has issued a decision denying a bid protest filed by Segue Technologies of Arlington, Virginia.
According to the GAO, Segue Technologies "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-415716.18) was issued on March 21, 2019 (https://www.gao.gov/products/B-415716.18).
In its findings, the GAO said: "Protest challenging the agency's evaluation of protester's proposal
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WASHINGTON, June 1 -- The Government Accountability Office has issued a decision denying a bid protest filed by Segue Technologies of Arlington, Virginia.
According to the GAO, Segue Technologies "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-415716.18) was issued on March 21, 2019 (https://www.gao.gov/products/B-415716.18).
In its findings, the GAO said: "Protest challenging the agency's evaluation of protester's proposalunder the past performance evaluation factor is denied where the record shows that the evaluation was reasonable and consistent with the solicitation."
The participants in the case included: Karlee S. Blank, and Edwin O. Childs, Jr., McGuireWoods, for the protester. Alexis J. Bernstein, and Lt. Col. Ryan J. Lambrecht, 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 Sustains Protest by BDO USA of Chicago, Illinois
WASHINGTON, May 31 -- The Government Accountability Office has issued a decision sustaining a bid protest filed by BDO USA of Chicago, Illinois.
According to the GAO, BDO USA "protests its exclusion from the competition by the Department of the Air Force, United States Transportation Command under request for quotations (RFQ) No. HTC711-18-Q-D011 for joint financial operations and systems support services. The protester contends that the agency improperly concluded that its quotation was ineligible for award."
The bid protest decision (B-416504.2) was issued on May 22, 2019 (https://www.gao.gov/products/B-416504.2).
In
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WASHINGTON, May 31 -- The Government Accountability Office has issued a decision sustaining a bid protest filed by BDO USA of Chicago, Illinois.
According to the GAO, BDO USA "protests its exclusion from the competition by the Department of the Air Force, United States Transportation Command under request for quotations (RFQ) No. HTC711-18-Q-D011 for joint financial operations and systems support services. The protester contends that the agency improperly concluded that its quotation was ineligible for award."
The bid protest decision (B-416504.2) was issued on May 22, 2019 (https://www.gao.gov/products/B-416504.2).
Inits findings, the GAO said: "Protest challenging the agency's rejection of the protester's quotation as ineligible for award under a solicitation issued to vendors under the General Services Administration's Professional Supply Schedule is sustained, where the agency failed to consider certain information provided by the protester to establish that it satisfied the facility clearance requirements set forth in the solicitation."
The participants in the case included: James W. Kim, McDermott Will & Emery, for the protester. Col. C. Taylor Smith and Lt. Col. Byron Shibata, Department of the Air Force, for the agency. Charmaine A. Stevenson, and Laura Eyester, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Computer World Services of Falls Church, Virginia
WASHINGTON, May 25 -- The Government Accountability Office has issued a decision denying a bid protest filed by Computer World Services of Falls Church, Virginia.
According to the GAO, Computer World Services "protests the issuance of a task order to Ryan Consulting Group, Inc., of Indianapolis, Indiana, under request for proposals (RFP) No. S5102A93442, issued by the Defense Information Systems Agency for information technology (IT) services. CWS argues that the agency unreasonably evaluated its proposal and improperly made its source selection decision."
The bid protest decision (B-417356)
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WASHINGTON, May 25 -- The Government Accountability Office has issued a decision denying a bid protest filed by Computer World Services of Falls Church, Virginia.
According to the GAO, Computer World Services "protests the issuance of a task order to Ryan Consulting Group, Inc., of Indianapolis, Indiana, under request for proposals (RFP) No. S5102A93442, issued by the Defense Information Systems Agency for information technology (IT) services. CWS argues that the agency unreasonably evaluated its proposal and improperly made its source selection decision."
The bid protest decision (B-417356)was issued on May 16, 2019 (https://www.gao.gov/products/B-417356).
In its findings, the GAO said: "Protest is denied where the evaluation record and source selection decision were adequately documented and made in accordance with the terms of the solicitation."
The participants in the case included: Lee Dougherty, Effectus, for the protester. Sean T. White, Clapp Ferrucci, for Ryan Consulting Group, the intervenor. LaTonya McFadden, Department of Defense, 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 Denies Protest by Humanetics Innovative Solutions of Farmington Hills, Michigan
WASHINGTON, May 25 -- The Government Accountability Office has issued a decision denying a bid protest filed by Humanetics Innovative Solutions of Farmington Hills, Michigan.
According to the GAO, Humanetics Innovative Solutions "protests the Department of the Army's decision to pursue a sole-source acquisition of up to 40 advanced technology blast test dummies, known as warrior injury assessment manikins (WIAMen) anthropomorphic test dummies (ATDs) from Diversified Technical Systems Inc. (DTS), of Seal Beach, California. The agency opted not to compete the procurement after determining that the
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WASHINGTON, May 25 -- The Government Accountability Office has issued a decision denying a bid protest filed by Humanetics Innovative Solutions of Farmington Hills, Michigan.
According to the GAO, Humanetics Innovative Solutions "protests the Department of the Army's decision to pursue a sole-source acquisition of up to 40 advanced technology blast test dummies, known as warrior injury assessment manikins (WIAMen) anthropomorphic test dummies (ATDs) from Diversified Technical Systems Inc. (DTS), of Seal Beach, California. The agency opted not to compete the procurement after determining that thetime needed to reperform testing of any non- DTS WIAMan or ATD would result in unacceptable delay to the procurement and substantial duplication of testing costs. Humanetics raises several arguments as to why the WIAMan acquisition can and should be competed, either in whole or in part. The protester also contends that the Army failed to engage in reasonable advance planning, which affected the Army's ability to use full and open competition in this procurement."
The bid protest decision (B-416979.3) was issued on May 15, 2019 (https://www.gao.gov/products/B-416979.3).
In its findings, the GAO said: "Proposed sole-source acquisition of a follow-on contract for highly specialized equipment is unobjectionable where no further procurements are anticipated and the agency reasonably determined that award to any other source would cause unacceptable delays in fulfilling the agency's requirements."
The participants in the case included: Andrew Shipley, Souvik Saha, and Philip Beshara, Wilmer Cutler Pickering Hale & Dorr, for the protester. Stephen E. Ruscus, Donna Lee Yesner, and Katelyn M. Hilferty, Morgan, Lewis & Bockius, for Diversified Technical Systems Inc., the intervenor. Jonathan A. Hardage, Wade Brown and Karen L. Tibbals, Department of the Army, for the agency. Stephanie B. Magnell, and Amy B. Pereira, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by NXP USA of Washington, D.C.
WASHINGTON, May 25 -- The Government Accountability Office has issued a decision denying a bid protest filed by NXP USA of Washington, D.C.
According to the GAO, NXP USA "protests the rejection of the proposals it submitted in response to request for proposals (RFP) No. 040ADV-18-R-0003, issued by the Government Publishing Office (GPO) for passport eCovers. NXP complains that the agency unreasonably evaluated its proposals as unacceptable."
The bid protest decision (B-417311) was issued on May 9, 2019 (https://www.gao.gov/products/B-417311).
In its findings, the GAO said: "Agency reasonably
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WASHINGTON, May 25 -- The Government Accountability Office has issued a decision denying a bid protest filed by NXP USA of Washington, D.C.
According to the GAO, NXP USA "protests the rejection of the proposals it submitted in response to request for proposals (RFP) No. 040ADV-18-R-0003, issued by the Government Publishing Office (GPO) for passport eCovers. NXP complains that the agency unreasonably evaluated its proposals as unacceptable."
The bid protest decision (B-417311) was issued on May 9, 2019 (https://www.gao.gov/products/B-417311).
In its findings, the GAO said: "Agency reasonablyeliminated proposals from consideration for award where proposals did not demonstrate that protester's proposed approach met all solicitation requirements. "
The participants in the case included: Grant H. Willis, Cherie J. Owen, and Alexander M. Yabroff, Jones Day, for the protester. Craig D. Barrett, Government Publishing Office, for the agency. Mary G. Curcio, and Laura Eyester, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by TriWest Healthcare Alliance of Phoenix, Arizona
WASHINGTON, May 25 -- The Government Accountability Office has issued a decision denying a bid protest filed by TriWest Healthcare Alliance of Phoenix, Arizona.
According to the GAO, TriWest Healthcare Alliance "protests the award of two contracts to Optum Public Sector Solutions, Inc. (OPSS), of Rockville, Maryland, under request for proposals (RFP) No. VA791-16-R-0086, issued by the Department of Veterans Affairs (VA) for community care network (CCN) services. The protester challenges multiple aspects of the agency's evaluations of proposals and source selection decisions."
The bid protest
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WASHINGTON, May 25 -- The Government Accountability Office has issued a decision denying a bid protest filed by TriWest Healthcare Alliance of Phoenix, Arizona.
According to the GAO, TriWest Healthcare Alliance "protests the award of two contracts to Optum Public Sector Solutions, Inc. (OPSS), of Rockville, Maryland, under request for proposals (RFP) No. VA791-16-R-0086, issued by the Department of Veterans Affairs (VA) for community care network (CCN) services. The protester challenges multiple aspects of the agency's evaluations of proposals and source selection decisions."
The bid protestdecision (B-415222.3,B-415222.4,B-415222.6,B-415222.7) was issued on May 2, 2019 (https://www.gao.gov/products/B-415222.3,B-415222.4,B-415222.6,B-415222.7).
In its findings, the GAO said: "1. Protest challenging the agency's evaluation of offerors' technical proposals is denied where the evaluations and source selection decisions were reasonable and consistent with the terms of the solicitation.
2. Protest that the solicitation contained a latent ambiguity and agency's evaluation of price proposals was unreasonable is denied where the solicitation is not ambiguous and the agency's evaluation of price was reasonable and consistent with the terms of the solicitation.
3. Protest that the agency failed to compute and consider total evaluated prices in a best-value tradeoff is denied where the agency reasonably considered the price premium as a percentage of savings in comparison to the government estimate in accordance with the terms of the solicitation."
The participants in the case included: Robert S. Ryland, and H. Boyd Greene, Kirkland & Ellis; Kathleen C. Little, Robert J. Rothwell, Robert D. Vander Lugt, Amanda J. Dietrick, and Jenny J. Yang, Little, Rothwell and Vander Lugt; and Marcia G. Madsen, and David F. Dowd, Mayer Brown, for the protester. Jason A. Carey, J. Hunter Bennett, Kayleigh M. Scalzo, Andrew R. Guy, Evan R. Sherwood, Peter B. Terenzio III, and Brooke G. Stanley, Covington & Burling, for Optum Public Sector Solutions, the intervenor.
Richard A. Bechtel II, Jason A.M. Fragoso, and Bridget E. Grant, Department of Veterans Affairs, for the agency. Charmaine A. Stevenson, and Laura Eyester, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by WellPoint Military Care of Indianapolis, Indiana
WASHINGTON, May 25 -- The Government Accountability Office has issued a decision denying a bid protest filed by WellPoint Military Care of Indianapolis, Indiana.
According to the GAO, WellPoint Military Care "protests the award of a contract to Optum Public Sector Solutions, Inc. (OPSS) of Rockville, Maryland, under request for proposal (RFP) No. VA791-16-R-0086, issued by the Department of Veterans Affairs (VA) for community care network (CCN) services. The protester challenges multiple aspects of the agency's evaluation and source selection decision."
The bid protest decision (B-415222.5,B-415222.8)
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WASHINGTON, May 25 -- The Government Accountability Office has issued a decision denying a bid protest filed by WellPoint Military Care of Indianapolis, Indiana.
According to the GAO, WellPoint Military Care "protests the award of a contract to Optum Public Sector Solutions, Inc. (OPSS) of Rockville, Maryland, under request for proposal (RFP) No. VA791-16-R-0086, issued by the Department of Veterans Affairs (VA) for community care network (CCN) services. The protester challenges multiple aspects of the agency's evaluation and source selection decision."
The bid protest decision (B-415222.5,B-415222.8)was issued on May 2, 2019 (https://www.gao.gov/products/B-415222.5,B-415222.8).
In its findings, the GAO said: "1. Admission of outside counsel to protective order will not be revoked based on an allegation of a conflict of interest where nothing about the conflict suggests that the admitted attorneys would fail to honor their commitments under the protective order; admission of additional counsel to a protective order was appropriate over the objection of the protester, where the record showed that the attorneys did not participate in competitive decisionmaking and there was not otherwise an unacceptable risk of inadvertent disclosure of protected information.
2. Protest challenging the agency's evaluation of offerors' technical proposals is denied where the evaluations and source selection decision were reasonable and consistent with the terms of the solicitation.
3. Protest that the agency engaged in disparate treatment is denied where the differences in the evaluation stemmed from actual differences between the proposals.
4. Protest that the agency failed to consider the cost to the government in a best-value tradeoff is denied where the agency reasonably considered the price premium as a percentage of savings in comparison to the government estimate in accordance with the terms of the solicitation."
The participants in the case included: Mark D. Colley, Kara L. Daniels, Thomas McSorley, Michael E. Samuels, and Alexandra L. Barbee-Garrett, Arnold & Porter Kaye Scholer, for the protester. Jason A. Carey, J. Hunter Bennett, Kevin T. Barnett, Bryan M. Byrd, and Kayleigh M. Scalzo, Covington & Burling, for Optum Public Sector Solutions, the intervenor. Richard A. Bechtel II, Jason A.M. Fragoso, and Bridget E. Grant, Department of Veterans Affairs, for the agency. Uri R. Yoo, Charmaine A. Stevenson, and Laura Eyester, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Upholds Part of Bid Protest by Barbaricum of Washington, D.C.
WASHINGTON, May 25 -- The Government Accountability Office has issued a decision sustaining in part and denying in part a bid protest filed by Barbaricum of Washington, D.C.
According to the GAO, Barbaricum "protests the issuance of a task order (TO) to Fors Marsh Group (FMG), of Arlington, Virginia, under request for quotations (RFQ) No. 1281807, issued by the Department of the Air Force for opinion research support services. Barbaricum challenges the reasonableness of the agency's evaluation of its proposed price, and asserts that the agency improperly engaged in discussions regarding price
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WASHINGTON, May 25 -- The Government Accountability Office has issued a decision sustaining in part and denying in part a bid protest filed by Barbaricum of Washington, D.C.
According to the GAO, Barbaricum "protests the issuance of a task order (TO) to Fors Marsh Group (FMG), of Arlington, Virginia, under request for quotations (RFQ) No. 1281807, issued by the Department of the Air Force for opinion research support services. Barbaricum challenges the reasonableness of the agency's evaluation of its proposed price, and asserts that the agency improperly engaged in discussions regarding pricewith the awardee only. The protester also challenges the reasonableness of the agency's evaluation of FMG's quotation as technically acceptable."
The bid protest decision (B-416728,B-416728.2) was issued on December 3, 2018 (https://www.gao.gov/products/B-416728,B-416728.2).
In its findings, the GAO said: "1. Protest challenging the agency's price evaluation is denied where the evaluation was reasonable and consistent with the terms of the solicitation.
2. Protest that the agency engaged in discussions with the awardee and not the protester is denied where the exchange with the awardee constituted clarifications.
3. Protest that the agency unreasonably evaluated the awardee's quotation as technically acceptable is sustained where the record fails to show that the agency's evaluation conformed to the solicitation's requirements. "
The participants in the case included: David Y. Yang, and Alix K. Town, Oles Morrison Rinker & Baker, for the protester. Jason R. Smith, Department of the Air Force, for the agency. Kenneth Kilgour, and Jennifer D. Westfall-McGrail, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Metropolitan Interpreters & Translators of New York
WASHINGTON, May 23 -- The Government Accountability Office has issued a decision denying a bid protest filed by Metropolitan Interpreters and Translators of New York.
According to the GAO, Metropolitan Interpreters & Translators "protests the issuance of a task order by the Department of Homeland Security, Immigration and Customs Enforcement (ICE), to MVM, Inc., of Ashburn, Virginia, pursuant to request for quotations (RFQ) No. HSCEMS-17-Q-00010 to provide monitoring, translation and transcription services. MIT challenges various aspects of the agency's evaluation and source selection process."
The
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WASHINGTON, May 23 -- The Government Accountability Office has issued a decision denying a bid protest filed by Metropolitan Interpreters and Translators of New York.
According to the GAO, Metropolitan Interpreters & Translators "protests the issuance of a task order by the Department of Homeland Security, Immigration and Customs Enforcement (ICE), to MVM, Inc., of Ashburn, Virginia, pursuant to request for quotations (RFQ) No. HSCEMS-17-Q-00010 to provide monitoring, translation and transcription services. MIT challenges various aspects of the agency's evaluation and source selection process."
Thebid protest decision (B-415080.7,B-415080.8) was issued on May 14, 2019 (https://www.gao.gov/products/B-415080.7,B-415080.8).
In its findings, the GAO said: "Agency properly evaluated protester's and awardee's quotations under the solicitation's evaluation factors for technical approach, management approach, past performance and price, and reasonably determined that awardee's proposal complied with the solicitation's page limitation and font size requirements."
The participants in the case included: Holly A. Roth, Lawrence P. Block, and Elizabeth G. Leavy, Reed Smith, for the protester. Isaias Alba IV, Jacqueline K. Unger, Meghan F. Leemon, and Anthony M. Batt, Piliero Mazza, for MVM, the intervenor. Douglas J. Becker, Department of Homeland Security, for the agency. Glenn G. Wolcott, and Christina Sklarew, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Sustains Protest by Obsidian Solutions Group of Fredericksburg, Virginia
WASHINGTON, May 23 -- The Government Accountability Office has issued a decision sustaining a bid protest filed by Obsidian Solutions Group of Fredericksburg, Virginia.
According to the GAO, Obsidian Solutions Group "protests a determination by the U.S. Marine Corps to exclude its proposal submitted under request for proposals (RFP) No. M67854-19-R-7800 from further consideration based on an appearance of impropriety caused by the hiring of a former government official. Obsidian asserts that the agency improperly excluded its proposal from consideration because the former official did not have
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WASHINGTON, May 23 -- The Government Accountability Office has issued a decision sustaining a bid protest filed by Obsidian Solutions Group of Fredericksburg, Virginia.
According to the GAO, Obsidian Solutions Group "protests a determination by the U.S. Marine Corps to exclude its proposal submitted under request for proposals (RFP) No. M67854-19-R-7800 from further consideration based on an appearance of impropriety caused by the hiring of a former government official. Obsidian asserts that the agency improperly excluded its proposal from consideration because the former official did not haveaccess to competitively useful non-public information."
The bid protest decision (B-417134,B-417134.2) was issued on March 1, 2019 (https://www.gao.gov/products/B-417134,B-417134.2).
In its findings, the GAO said: "Protest that agency unreasonably excluded protester from a competition for a multiple-award indefinite-delivery, indefinite-quantity contract is sustained where the record does not support the contracting officer's determination that the hiring of a former government employee by the protester's subcontractor, and his appearance at an oral presentation on behalf of the protester (shortly after his retirement from the agency), created an unfair competitive advantage, in part because all qualified offerors with an acceptable proposal, and a fair and reasonable price, were to receive an award, and thus there seems to be little risk of an unfair competitive advantage from these actions at this stage in the procurement."
The participants in the case included: Milton C. Johns, and Emily A. Spence, FH+H, for the protester. Christy Rivers, and Kristine Kassekert, United States Marine Corps, for the agency. Kenneth Kilgour, and Jennifer D. Westfall-McGrail, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Computer World Services of Falls Church, Virginia
WASHINGTON, May 18 -- The Government Accountability Office has issued a decision denying a bid protest filed by Computer World Services of Falls Church, Virginia.
According to the GAO, Computer World Services "protests the award of a contract to 1901 Group, LLC, of Blacksburg, Virginia, pursuant to request for quotations (RFQ) No. 95332418Q0164, issued by Millennium Challenge Corporation (MCC), Office of Chief Information Officer (OCIO) in the Administration and Finance Department, for information technology (IT) operations and maintenance support services. The protester challenges the agency's
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WASHINGTON, May 18 -- The Government Accountability Office has issued a decision denying a bid protest filed by Computer World Services of Falls Church, Virginia.
According to the GAO, Computer World Services "protests the award of a contract to 1901 Group, LLC, of Blacksburg, Virginia, pursuant to request for quotations (RFQ) No. 95332418Q0164, issued by Millennium Challenge Corporation (MCC), Office of Chief Information Officer (OCIO) in the Administration and Finance Department, for information technology (IT) operations and maintenance support services. The protester challenges the agency'sevaluation of its technical quotation. The protester also alleges that the agency engaged in disparate treatment by assessing a deficiency to CWS's quotation for lack of key personnel."
The bid protest decision (B-417354) was issued on May 16, 2019 (https://www.gao.gov/products/B-417354).
In its findings, the GAO said: "Protest challenging an agency's evaluation of the protester's quotation is denied where the agency's evaluation was reasonable and consistent with the terms of the solicitation, and where the agency reasonably determined after the technical review to exclude the protester from further consideration."
The participants in the case included: Lee Dougherty, Effectus, for the protester. Richard J. McCarthy, Millennium Challenge Corp., 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 Environmental Restoration of St. Louis, Missouri
WASHINGTON, May 18 -- The Government Accountability Office has issued a decision denying a bid protest filed by Environmental Restoration of St. Louis, Missouri.
According to the GAO, Environmental Restoration "protests its exclusion from the competitive range under request for proposals (RFP) No. SOL-HQ-14-00023 issued by the Environmental Protection Agency (EPA) for environmental remediation service support. The protester alleges that the agency erred in evaluating its proposal in several respects."
The bid protest decision (B-417080) was issued on February 5, 2019 (https://www.gao.gov/products/B-417080).
In
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WASHINGTON, May 18 -- The Government Accountability Office has issued a decision denying a bid protest filed by Environmental Restoration of St. Louis, Missouri.
According to the GAO, Environmental Restoration "protests its exclusion from the competitive range under request for proposals (RFP) No. SOL-HQ-14-00023 issued by the Environmental Protection Agency (EPA) for environmental remediation service support. The protester alleges that the agency erred in evaluating its proposal in several respects."
The bid protest decision (B-417080) was issued on February 5, 2019 (https://www.gao.gov/products/B-417080).
Inits findings, the GAO said: "1. Agency did not use unstated evaluation criteria in its evaluation of protester's proposal where the criteria were reasonably encompassed by the solicitation's evaluation scheme.
2. Protest that agency ignored elements of the protester's proposal is denied where the record reflects that the agency either reasonably considered the elements in question or the elements were not relevant to the evaluation."
The participants in the case included: Megan C. Connor, Kathryn V. Flood, Meghan F. Leemon, Timothy F. Valley, Piliero Mazza, for the protester. Robert Symon, Sarah Osborne, and Aron Beezley, Bradley Arant Boult Cummings, for Environmental Quality Management, Inc. & CH2M Hill Joint Venture; and Nina Samuels, and Richard O'Keeffe, Wiley Rein, for CDM Smith, the intervenors.
Sara E. McGraw, Environmental Protection Agency, for the agency. Michael Willems, and Edward Goldstein, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by IntelliDyne of Falls Church, Virginia
WASHINGTON, May 18 -- The Government Accountability Office has issued a decision denying a bid protest filed by IntelliDyne of Falls Church, Virginia.
According to the GAO, IntelliDyne "protests the exclusion of its proposal from further consideration for award by the Department of Justice under request for proposals (RFP) No. DJJP-17-RFP-1022 for information technology (IT) support services. The protester challenges the reasonableness of the agency's evaluation of the protester's proposal."
The bid protest decision (B-416377.4) was issued on April 18, 2019 (https://www.gao.gov/products/B-416377.4).
In
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WASHINGTON, May 18 -- The Government Accountability Office has issued a decision denying a bid protest filed by IntelliDyne of Falls Church, Virginia.
According to the GAO, IntelliDyne "protests the exclusion of its proposal from further consideration for award by the Department of Justice under request for proposals (RFP) No. DJJP-17-RFP-1022 for information technology (IT) support services. The protester challenges the reasonableness of the agency's evaluation of the protester's proposal."
The bid protest decision (B-416377.4) was issued on April 18, 2019 (https://www.gao.gov/products/B-416377.4).
Inits findings, the GAO said: "Protest that agency unreasonably evaluated proposals is denied, where, with the exception of the past performance factor, the evaluation was reasonable and in accordance with the solicitation requirements, and the record does not establish a reasonable possibility that the protester was prejudiced by the error in the evaluation of past performance."
The participants in the case included: John J. O'Brien, Laurel A. Hockey, David S. Cohen, and Daniel Strouse, Cordatis, for the protester. Christopher W. Radcliffe, and Barry C. Hansen, Department of Justice, for the agency.
Kenneth Kilgour, and Jennifer D. Westfall-McGrail, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Pilot Xpress of Dallas, Texas
WASHINGTON, May 18 -- The Government Accountability Office has issued a decision denying a bid protest filed by Pilot Xpress of Dallas, Texas.
According to the GAO, Pilot Xpress "protests the terms of request for proposals (RFP) No. ID07180066, issued by the General Services Administration (GSA), on behalf of the Department of the Air Force, for aircrew flight and maintenance training for helicopters. PX argues that the agency improperly is soliciting certain services on a commercial item basis, despite the fact that such services are not sold commercially."
The bid protest decision (B-417292)
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WASHINGTON, May 18 -- The Government Accountability Office has issued a decision denying a bid protest filed by Pilot Xpress of Dallas, Texas.
According to the GAO, Pilot Xpress "protests the terms of request for proposals (RFP) No. ID07180066, issued by the General Services Administration (GSA), on behalf of the Department of the Air Force, for aircrew flight and maintenance training for helicopters. PX argues that the agency improperly is soliciting certain services on a commercial item basis, despite the fact that such services are not sold commercially."
The bid protest decision (B-417292)was issued on May 14, 2019 (https://www.gao.gov/products/B-417292).
In its findings, the GAO said: "Protest challenging agency's solicitation of certain elements of the required services using commercial item procedures is denied where record shows protester was not prejudiced by agency's actions."
The participants in the case included: Bryan R. King, and Andres M. Vera, Offit Kurman Attorneys-at-Law, for the protester. Amy A. Cook, and Angie Calloway, General Services Administration, for the agency. Scott H. Riback, and Tania Calhoun, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies in Part Protest by AeroSage of Tampa, Florida
WASHINGTON, May 16 -- The Government Accountability Office has issued a decision denying in part and dismissing in part a bid protest filed by AeroSage of Tampa, Florida.
According to the GAO, AeroSage "protests the terms of request for quotations (RFQ) No. SPE605-19-Q-0256, issued by the Defense Logistics Agency (DLA) for diesel fuel. The protester argues the agency improperly issued RFQ No. SPE605-19-Q-0256 in lieu of making award to the protester under a prior solicitation for the same fuel requirement. The protester also challenges the RFQ's term providing that the agency may require a vendor
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WASHINGTON, May 16 -- The Government Accountability Office has issued a decision denying in part and dismissing in part a bid protest filed by AeroSage of Tampa, Florida.
According to the GAO, AeroSage "protests the terms of request for quotations (RFQ) No. SPE605-19-Q-0256, issued by the Defense Logistics Agency (DLA) for diesel fuel. The protester argues the agency improperly issued RFQ No. SPE605-19-Q-0256 in lieu of making award to the protester under a prior solicitation for the same fuel requirement. The protester also challenges the RFQ's term providing that the agency may require a vendorreceiving an offer from the agency to provide written acceptance of the offer in two hours or less. Finally, the protester alleges the agency violated the Competition in Contracting Act by failing to withhold award or stay contract performance."
The bid protest decision (B-417289.2) was issued on May 14, 2019 (https://www.gao.gov/products/B-417289.2).
In its findings, the GAO said: "1. Protest that agency improperly cancelled a solicitation and resolicited the same fuel requirement to avoid making award to the protester is dismissed for failing to set forth a legally sufficient basis of protest where the protester's allegations are without factual support.
2. Protest challenging term in request for quotations requiring vendors to provide written acceptance of a government offer in two hours or less is denied where the term is reasonable in light of the short time between receipt of quotations and delivery.
3. Protest of an agency's failure to implement the statutorily required stay of award is dismissed because it is not a matter for consideration by GAO."
The participants in the case included: David M. Snyder, AeroSage, for the protester. Matthew Vasquez, and May Sena, Defense Logistics Agency, 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 Abacus Technology of Chevy Chase, Maryland
WASHINGTON, May 15 -- The Government Accountability Office has issued a decision denying a bid protest filed by Abacus Technology of Chevy Chase, Maryland.
According to the GAO, Abacus Technology "protests the cancellation of request for proposals (RFP) No. HSSCCG-17-R-00010, issued by the Department of Homeland Security (DHS), United States Citizenship and Immigration Services (USCIS), for information technology services. The protester contends that the agency lacked a reasonable basis to cancel the solicitation and that the cancellation was a pretext to avoid defending against a possible future
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WASHINGTON, May 15 -- The Government Accountability Office has issued a decision denying a bid protest filed by Abacus Technology of Chevy Chase, Maryland.
According to the GAO, Abacus Technology "protests the cancellation of request for proposals (RFP) No. HSSCCG-17-R-00010, issued by the Department of Homeland Security (DHS), United States Citizenship and Immigration Services (USCIS), for information technology services. The protester contends that the agency lacked a reasonable basis to cancel the solicitation and that the cancellation was a pretext to avoid defending against a possible futureprotest."
The bid protest decision (B-416390.5) was issued on May 7, 2019 (https://www.gao.gov/products/B-416390.5).
In its findings, the GAO said: "Protest alleging that the agency improperly cancelled a solicitation for the issuance of a task order is denied where the record demonstrates that the expiration date of the underlying indefinite-delivery, indefinite-quantity contract prevented the agency from issuing a task order with a period of performance that adequately met its needs."
The participants in the case included: Gregory R. Hallmark, and Elizabeth N. Jochum, Holland & Knight, and Alexander B. Ginsberg, and Meghan D. Doherty, Pillsbury Winthrop Shaw Pittman, for the protester. Holly A. Roth, Elizabeth G. Leavy, and Lawrence P. Block, Reed Smith, for Salient CRGT, the intervenor.
John Cornell, Department of Homeland Security, for the agency. Elizabeth Witwer, and Jennifer D. Westfall-McGrail, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Biswas Information Technology Solutions of Herndon, Virginia
WASHINGTON, May 15 -- The Government Accountability Office has issued a decision denying a bid protest filed by Biswas Information Technology Solutions of Herndon, Virginia.
According to the GAO, Biswas Information Technology Solutions "protests the Department of Health and Human Services, National Institutes of Health's (NIH) exclusion of its proposal from further consideration under request for proposals (RFP) No. NIHJT2016015, for information technology (IT) supplies and services under a governmentwide acquisition contract (GWAC). BITS argues that NIH misevaluated its proposal as unacceptable
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WASHINGTON, May 15 -- The Government Accountability Office has issued a decision denying a bid protest filed by Biswas Information Technology Solutions of Herndon, Virginia.
According to the GAO, Biswas Information Technology Solutions "protests the Department of Health and Human Services, National Institutes of Health's (NIH) exclusion of its proposal from further consideration under request for proposals (RFP) No. NIHJT2016015, for information technology (IT) supplies and services under a governmentwide acquisition contract (GWAC). BITS argues that NIH misevaluated its proposal as unacceptableand evaluated proposals unequally."
The bid protest decision (B-413104.35,B-413104.38) was issued on April 18, 2019 (https://www.gao.gov/products/B-413104.35,B-413104.38).
In its findings, the GAO said: "Protest that agency misevaluated protester's proposal as unacceptable and engaged in disparate evaluation treatment is denied where proposals were evaluated reasonably and consistently with solicitation criteria, and where evaluation was evenhanded and did not reflect disparate evaluation treatment."
The participants in the case included: Alexander B. Ginsberg, Travis L. Mullaney, and Kevin R. Massoudi, Pillsbury Winthrop Shaw Pittman, for the protester. Christine Simpson, and Anthony E. Marrone, Department of Health and Human Services, for the agency. Paul N. Wengert, and Tania Calhoun, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Training, Rehabilitation & Development Institute of San Antonio, Texas
WASHINGTON, May 15 -- The Government Accountability Office has issued a decision denying a bid protest filed by Training, Rehabilitation and Development Institute of San Antonio, Texas.
According to the GAO, Training, Rehabilitation & Development Institute "protests the decision of the Department of the Army, Corps of Engineers (Corps), to award a contract to Pierce Commercial Laundry Distributors LLC (Pierce) for the purchase and installation of clothes washing machines and dryers at Fort Hood, Texas. TRDI alleges that the award of the contract violated the Javits-Wagner-O'Day (JWOD) Act and
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WASHINGTON, May 15 -- The Government Accountability Office has issued a decision denying a bid protest filed by Training, Rehabilitation and Development Institute of San Antonio, Texas.
According to the GAO, Training, Rehabilitation & Development Institute "protests the decision of the Department of the Army, Corps of Engineers (Corps), to award a contract to Pierce Commercial Laundry Distributors LLC (Pierce) for the purchase and installation of clothes washing machines and dryers at Fort Hood, Texas. TRDI alleges that the award of the contract violated the Javits-Wagner-O'Day (JWOD) Act andits implementation under the AbilityOne program. TRDI contends that pursuant to the JWOD Act and its implementing regulations, TRDI is the mandatory source for installation of washers and dryers at Fort Hood, and that inclusion of the installation services in Pierce's contract violated the JWOD Act."
The bid protest decision (B-417265) was issued on May 3, 2019 (https://www.gao.gov/products/B-417265).
In its findings, the GAO said: "Protest alleging that award of a contract for the purchase and installation of washing machines and dryers violated the Javits-Wagner-O'Day Act is denied where the protester has not shown that it is the mandatory source for the installation of the purchased washers and dryers, and therefore has not met its burden to show that the agency violated applicable statutes and regulations."
The participants in the case included: John C. Dulske, and Bryan Kost, Dykema Gossett, for the protester. Garry L. Brewer, Department of the Army, and Timi Nickerson Kenealy, and Kasia Dourney, U.S. AbilityOne Commission, for the agencies. John Sorrenti, and Christina Sklarew, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Dismisses Protest by Warrior Service of Valley Stream, New York
WASHINGTON, May 15 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by Warrior Service of Valley Stream, New York.
According to the GAO, Warrior Service "protests the time to submit quotations allotted by the Department of Veterans Affairs (VA) under request for quotations (RFQ) No. 36C24419Q0515 for commercially available off-the-shelf (COTS), brand name or equal, Carendo Shower Chairs. The protester argues that the RFQ did not provide enough time to prepare a quotation and the brand name or equal requirement unduly restricts competition."
The bid
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WASHINGTON, May 15 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by Warrior Service of Valley Stream, New York.
According to the GAO, Warrior Service "protests the time to submit quotations allotted by the Department of Veterans Affairs (VA) under request for quotations (RFQ) No. 36C24419Q0515 for commercially available off-the-shelf (COTS), brand name or equal, Carendo Shower Chairs. The protester argues that the RFQ did not provide enough time to prepare a quotation and the brand name or equal requirement unduly restricts competition."
The bidprotest decision (B-417491) was issued on May 13, 2019 (https://www.gao.gov/products/B-417491).
In its findings, the GAO said: "Protest challenging alleged improprieties in a solicitation is dismissed as untimely where the protest was not filed before the time set for receipt of quotations, even though in this instance, the solicitation required that vendors respond five days after issuance of the request for quotations, and the protest was filed within ten days of when the solicitation was issued; while our Office has recognized an exception to the requirement to challenge alleged solicitation improprieties in cases where an agency has used an extremely limited response time, our prior cases do not support the use of this exception when a vendor has five days before quotations are due, and thus five days to file any protest challenging the terms of the solicitation."
The participants in the case included: Frank V. Reilly, Frank V. Reilly Attorney at Law, for the protester. Kathleen Ellis, Department of Veterans Affairs, for the agency. Sarah T. Zaffina, and Peter H. Tran, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Carter Enterprises of Brooklyn, New York
WASHINGTON, May 9 -- The Government Accountability Office has issued a decision denying a bid protest filed by Carter Enterprises of Brooklyn, New York.
According to the GAO, Carter Enterprises "protests the award of a contract to Bethel Industries, Inc., of Jersey City, New Jersey, under request for proposals (RFP) No. SPE1C1-16-R-0082, issued by the Defense Logistics Agency for Army combat uniform trousers. Carter alleges that the agency unreasonably evaluated the firm's proposal and improperly made its source selection decision."
The bid protest decision (B-417083.2,B-417083.3) was issued
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WASHINGTON, May 9 -- The Government Accountability Office has issued a decision denying a bid protest filed by Carter Enterprises of Brooklyn, New York.
According to the GAO, Carter Enterprises "protests the award of a contract to Bethel Industries, Inc., of Jersey City, New Jersey, under request for proposals (RFP) No. SPE1C1-16-R-0082, issued by the Defense Logistics Agency for Army combat uniform trousers. Carter alleges that the agency unreasonably evaluated the firm's proposal and improperly made its source selection decision."
The bid protest decision (B-417083.2,B-417083.3) was issuedon April 19, 2019 (https://www.gao.gov/products/B-417083.2,B-417083.3).
In its findings, the GAO said: "1. Protest is denied where the agency's past performance evaluation was consistent with the record and the terms of the solicitation.
2. Protest is denied where the agency's best-value tradeoff analysis reasonably considered the features of the proposals and was made in accordance with the terms of the solicitation."
The participants in the case included: Marc Lamer, Kostos and Lamer, for the protester. Ruth E. Ganister, Rosenthal and Ganister, for Bethel Industries, the intervenor. Allison Colsey Eck, Defense Logistics Agency, 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 First Choice of Fort Washington
WASHINGTON, May 9 -- The Government Accountability Office has issued a decision denying a bid protest filed by First Choice of Fort Washington, Maryland.
According to the GAO, First Choice "protests the award of a contract to RER Solutions, Inc., of Herndon, Virginia, also a small business, under request for proposals (RFP) No. 73351018R0010, issued by the Small Business Administration (SBA) for commercial data analysis and loan recommendation services for the SBA Office of Disaster Assistance (ODA). TFC argues that the SBA misevaluated the proposals and made an unreasonable source selection decision."
The
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WASHINGTON, May 9 -- The Government Accountability Office has issued a decision denying a bid protest filed by First Choice of Fort Washington, Maryland.
According to the GAO, First Choice "protests the award of a contract to RER Solutions, Inc., of Herndon, Virginia, also a small business, under request for proposals (RFP) No. 73351018R0010, issued by the Small Business Administration (SBA) for commercial data analysis and loan recommendation services for the SBA Office of Disaster Assistance (ODA). TFC argues that the SBA misevaluated the proposals and made an unreasonable source selection decision."
Thebid protest decision (B-417196,B-417196.2,B-417196.3) was issued on March 25, 2019 (https://www.gao.gov/products/B-417196,B-417196.2,B-417196.3).
In its findings, the GAO said: "1. Protest that agency misevaluated the protester's proposal under the technical and past performance factors is denied where the evaluations were reasonable and consistent with the solicitation.
2. Protest challenging the agency's evaluation of the protester's fixed price as unrealistic is denied where the solicitation stated that the evaluation would assess whether the offered prices reflected a clear understanding of the requirements, posed risk, or would otherwise have an impact on technical evaluation, and where the agency performed an adequate realism assessment in the context of a fixed-price commercial item procurement by comparing elements of the protester's price to the agency's independent estimate.
3. Protest that agency should have rejected awardee's proposal is denied where contracting officer considered that awardee's price was higher than agency estimate and other offered prices, and exercised business judgment to determine that awardee's price was nevertheless reasonable."
The participants in the case included: Megan Mocho Jeschke, Elizabeth N. Jochum, and Amy L. Fuentes, Holland & Knight, for the protester. Jonathan T. Williams, Julia Di Vito, Jacqueline K. Unger, and Meghan F. Leemon, PilieroMazza, for RER Solutions, the intervenor. Sam Q. Le, and Meagan K. Guerzon, Small Business Administration, for the agency. Paul N. Wengert, and Tania Calhoun, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Mechanix Wear of Valencia, California
WASHINGTON, May 9 -- The Government Accountability Office has issued a decision denying a bid protest filed by Mechanix Wear of Valencia, California.
According to the GAO, Mechanix Wear "challenges the terms of request for proposals (RFP) No. SPE1C1-18-R-0093, issued by the Defense Logistics Agency (DLA) for the procurement of Army combat gloves with capacitive capability, i.e., the capability to be used with touchscreens. The protester contends that the solicitation improperly applied the Berry Amendment to impose a domestic sourcing requirement on the processing of one of the glove components."
The
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WASHINGTON, May 9 -- The Government Accountability Office has issued a decision denying a bid protest filed by Mechanix Wear of Valencia, California.
According to the GAO, Mechanix Wear "challenges the terms of request for proposals (RFP) No. SPE1C1-18-R-0093, issued by the Defense Logistics Agency (DLA) for the procurement of Army combat gloves with capacitive capability, i.e., the capability to be used with touchscreens. The protester contends that the solicitation improperly applied the Berry Amendment to impose a domestic sourcing requirement on the processing of one of the glove components."
Thebid protest decision (B-416704.3) was issued on May 6, 2019 (https://www.gao.gov/products/B-416704.3).
In its findings, the GAO said: "Protest challenging solicitation's domestic source restriction is denied where the agency reasonably concluded that the restriction was required by the Berry Amendment."
The participants in the case included: Frank S. Murray, David T. Ralston Jr., Micah T. Zomer, and Krista A. Nunez, Foley & Lardner, for the protester. Allison Colsey Eck, Defense Logistics Agency, for the agency. Alexander O. Levine, and Jennifer D. Westfall-McGrail, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Noble Supply & Logistics of Rockland, Massachusetts
WASHINGTON, May 9 -- The Government Accountability Office has issued a decision denying a bid protest filed by Noble Supply and Logistics of Rockland, Massachusetts.
According to the GAO, Noble Supply & Logistics "protests the establishment of a sole-source blanket purchase agreement (BPA) with W.W. Grainger, Inc., of Lake Forest, Illinois, under request for quotations (RFQ) No. QSRA-RFQ-18005, which was issued by the General Services Administration (GSA), for industrial supplies and services at two locations in the Republic of Korea (hereinafter, South Korea). Noble challenges the agency's limited-source
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WASHINGTON, May 9 -- The Government Accountability Office has issued a decision denying a bid protest filed by Noble Supply and Logistics of Rockland, Massachusetts.
According to the GAO, Noble Supply & Logistics "protests the establishment of a sole-source blanket purchase agreement (BPA) with W.W. Grainger, Inc., of Lake Forest, Illinois, under request for quotations (RFQ) No. QSRA-RFQ-18005, which was issued by the General Services Administration (GSA), for industrial supplies and services at two locations in the Republic of Korea (hereinafter, South Korea). Noble challenges the agency's limited-sourcejustification and establishment of the BPA made as a logical follow-on to a previously established BPA."
The bid protest decision (B-417269) was issued on April 30, 2019 (https://www.gao.gov/products/B-417269).
In its findings, the GAO said: "1. Protest challenging the establishment of a noncompetitive logical follow-on blanket purchase agreement (BPA) is denied where the establishment of the BPA was reasonably in the interest of economy and efficiency pursuant to the authority of Federal Acquisition Regulation (FAR) * 8.405 6(a)(1)(i)(C).
2. Protest that the agency's decision to award a noncompetitive logical follow-on BPA resulted from the agency's failure to engage in adequate advance planning is denied where the agency's decision was reasonable pursuant to the authority of FAR * 8.405 6(a)(1)(i)(C).
3. Supplemental protest allegations based on a materially different legal basis than the initially submitted protest allegations are dismissed as untimely where they were filed more than 10 days after the basis for the supplemental protest allegations was known or should have been known."
The participants in the case included: Gary J. Campbell, G. Matthew Koehl, and Nathaniel J. Greeson, Womble Bond Dickinson (US), for the protester.
Jonathan S. Aronie, Anne B. Perry, Katie A. Calogero, and Eliazar M. Chacha, Sheppard Mullin Richter & Hampton, for W.W. Grainger, the intervenor. Alissa J. K. Schrider, and Tyler J. Mullen, General Services Administration, for the agency. Evan D. Wesser, and Edward Goldstein, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by People, Technology & Processes of Tampa, Florida
WASHINGTON, May 9 -- The Government Accountability Office has issued a decision denying a bid protest filed by People, Technology and Processes of Tampa, Florida.
According to the GAO, People, Technology & Processes "protests the decision of the Department of the Army to obtain training services for the Special Warfare Education Group (SWEG) at the United States Army John F. Kennedy Special Warfare Center and School, under the Special Operations Forces Requirements, Analysis, Prototyping, Training, Operations, and Rehearsal III (SOF RAPTOR III) single-award, indefinite-delivery, indefinite-quantity
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WASHINGTON, May 9 -- The Government Accountability Office has issued a decision denying a bid protest filed by People, Technology and Processes of Tampa, Florida.
According to the GAO, People, Technology & Processes "protests the decision of the Department of the Army to obtain training services for the Special Warfare Education Group (SWEG) at the United States Army John F. Kennedy Special Warfare Center and School, under the Special Operations Forces Requirements, Analysis, Prototyping, Training, Operations, and Rehearsal III (SOF RAPTOR III) single-award, indefinite-delivery, indefinite-quantity(IDIQ) contract. PTP, the incumbent contractor, asserts that the proposed task order is beyond the scope of the underlying IDIQ contract."
The bid protest decision (B-417273) was issued on May 7, 2019 (https://www.gao.gov/products/B-417273).
In its findings, the GAO said: "Protest alleging that a proposed task order for training services is outside of the scope of the underlying indefinite-delivery, indefinite-quantity (IDIQ) contract is denied where the scope of the underlying IDIQ contract includes education products and general training support."
The participants in the case included: Victor L. Buonamia, for the protester.
Andrea K. R-Ferruli, and Matthew Wilson, Department of the Army, for the agency. Michael Willems, and Edward Goldstein, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Dismisses Protest by Government Contracting Services of Tacoma, Washington
WASHINGTON, May 9 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by Government Contracting Services of Tacoma, Washington.
According to the GAO, Government Contracting Services "protests the terms of request for proposals (RFP) No. W9115118R0038, issued by the Department of the Army for maintenance of electronic security systems at Fort Hood, Texas. Among other things, GCS protests that the solicitation is overly restrictive in that it requires use of an intrusion detection system manufactured by Monitor Dynamics (MD); that an offeror must be certified
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WASHINGTON, May 9 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by Government Contracting Services of Tacoma, Washington.
According to the GAO, Government Contracting Services "protests the terms of request for proposals (RFP) No. W9115118R0038, issued by the Department of the Army for maintenance of electronic security systems at Fort Hood, Texas. Among other things, GCS protests that the solicitation is overly restrictive in that it requires use of an intrusion detection system manufactured by Monitor Dynamics (MD); that an offeror must be certifiedby MD; and that one of the potential offerors is an affiliate of MD."
The bid protest decision (B-416696.2) was issued on May 6, 2019 (https://www.gao.gov/products/B-416696.2).
In its findings, the GAO said: "Protest is dismissed as academic where the agency takes corrective action to determine if a sole-source procurement is appropriate after the record shows that the agency knew, prior to the closing date for proposals, that only one source was qualified to meet the solicitation's certification requirements."
The participants in the case included: Kevin Ingley, for the protester.
Brian C. Habib, Department of the Army, for the agency. Glenn G. Wolcott, April Y. Shields, and Christina Sklarew, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Dismisses Protest by Wescott Electric of Glen Riddle, Pennsylvania
WASHINGTON, May 9 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by Wescott Electric of Glen Riddle, Pennsylvania.
According to the GAO, Wescott Electric "protests the award of a contract to Cedar Electric, Inc., of Lititz, Pennsylvania, under invitation for bids (IFB) No. 36C24419B0004, issued by the Department of Veterans Affairs (VA) for electrical services at the Coatesville VA Medical Center (CVAMC), Coatesville, Pennsylvania. Wescott contends that Cedar's bid was incorrect and unbalanced, and should therefore have been rejected by the contracting
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WASHINGTON, May 9 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by Wescott Electric of Glen Riddle, Pennsylvania.
According to the GAO, Wescott Electric "protests the award of a contract to Cedar Electric, Inc., of Lititz, Pennsylvania, under invitation for bids (IFB) No. 36C24419B0004, issued by the Department of Veterans Affairs (VA) for electrical services at the Coatesville VA Medical Center (CVAMC), Coatesville, Pennsylvania. Wescott contends that Cedar's bid was incorrect and unbalanced, and should therefore have been rejected by the contractingagency."
The bid protest decision (B-417448) was issued on May 8, 2019 (https://www.gao.gov/products/B-417448).
In its findings, the GAO said: "Alleged mistake in the pricing of alternate deductive items does not provide valid basis to challenge the bid for the base item, which offers to perform the entire project called for under a solicitation providing for award of the base item if funds are available and it is determined that the funds are available."
The participants in the case included: James P. Wescott for the protester.
Joseph M. Kanfer, Woolford Kanfer Law, for Cedar Electric, the intervenor.
David W. Altieri, and Donald C. Mobly, Department of Veterans Affairs, for the agency. Louis A. Chiarella, and Peter H. Tran, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by ESAC of Rockville, Maryland
WASHINGTON, May 3 -- The Government Accountability Office has issued a decision denying a bid protest filed by ESAC of Rockville, Maryland.
According to the GAO, ESAC "protests the Department of Health and Human Services, National Institutes of Health (NIH)'s exclusion of its proposal from further consideration under request for proposals (RFP) No. NIHJT2016015, for information technology (IT) supplies and services. The protester argues that the exclusion of ESAC's proposal, for failure to submit an asset and liability report for one of its contract team arrangement (CTA) members, was unreasonable
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WASHINGTON, May 3 -- The Government Accountability Office has issued a decision denying a bid protest filed by ESAC of Rockville, Maryland.
According to the GAO, ESAC "protests the Department of Health and Human Services, National Institutes of Health (NIH)'s exclusion of its proposal from further consideration under request for proposals (RFP) No. NIHJT2016015, for information technology (IT) supplies and services. The protester argues that the exclusion of ESAC's proposal, for failure to submit an asset and liability report for one of its contract team arrangement (CTA) members, was unreasonableand amounted to a nonresponsibility determination that should have been referred to the Small Business Administration (SBA) under the SBA's certificate of competency (COC) procedures."
The bid protest decision (B-413104.34) was issued on April 17, 2019 (https://www.gao.gov/products/B-413104.34).
In its findings, the GAO said: "Protest challenging elimination from competition is denied where agency reasonably found the protester's proposal failed to comply with the solicitation's specific instructions to submit an asset and liability report for one of its contract team arrangement members."
The participants in the case included: Steven J. Koprince, Ian P. Patterson, John M. Mattox II, and Nicole Pottroff, Koprince Law, for the protester. Christine Simpson, Department of Health and Human Services, for the agency.
Young H. Cho, and Peter H. Tran, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by InnovaSystems International of San Diego, California
WASHINGTON, May 3 -- The Government Accountability Office has issued a decision denying a bid protest filed by InnovaSystems International of San Diego, California.
According to the GAO, InnovaSystems International "protests the award of a contract to ECS Federal, LLC (ECS), of Fairfax, Virginia, under request for proposals (RFP) No. M00264-18-R-0001, issued by the United States Marine Corps (USMC), for a software system known as the Marine Sierra Hotel Aviation Readiness Program (M-SHARP). The protester contends that the agency's evaluation of the offerors' proposals was unreasonable and that
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WASHINGTON, May 3 -- The Government Accountability Office has issued a decision denying a bid protest filed by InnovaSystems International of San Diego, California.
According to the GAO, InnovaSystems International "protests the award of a contract to ECS Federal, LLC (ECS), of Fairfax, Virginia, under request for proposals (RFP) No. M00264-18-R-0001, issued by the United States Marine Corps (USMC), for a software system known as the Marine Sierra Hotel Aviation Readiness Program (M-SHARP). The protester contends that the agency's evaluation of the offerors' proposals was unreasonable and thatthe agency treated offerors disparately."
The bid protest decision (B-417215,B-417215.2,B-417215.3) was issued on April 3, 2019 (https://www.gao.gov/products/B-417215,B-417215.2,B-417215.3).
In its findings, the GAO said: "1. Protest challenging agency's evaluation of proposals is denied where the record shows that the agency's evaluation was reasonable and consistent with the terms of the solicitation.
2. Protest that the agency engaged in unequal treatment is denied where the differences in the evaluation stemmed from actual differences between the offerors' proposals."
The participants in the case included: Gregory R. Hallmark, Mitchell A. Bashur, and Amy L. Fuentes, Holland & Knight, for the protester. Kenneth B. Weckstein, and Andrew C. Crawford, Brown Rudnick, for ECS Federal, the intervenor. John K. Harms, and Philip J. Taylor, United States Marine Corps, for the agency. Charmaine A. Stevenson, and Laura Eyester, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Upholds Bid Protest by Total Home Health of Elgin, Illinois
WASHINGTON, May 3 -- The Government Accountability Office has issued a decision sustaining in part and denying in part a bid protest filed by Total Home Health of Elgin, Illinois.
According to the GAO, Total Home Health "challenges the award of a contract to Rotech Healthcare, Inc., of Orlando, Florida, by the Department of Veterans Affairs (VA) under request for proposals (RFP) No. 36C25218R1040, for medical services and equipment. The protester argues that the agency misled it during discussions, and unreasonably concluded that the awardee was a responsible offeror."
The bid protest decision
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WASHINGTON, May 3 -- The Government Accountability Office has issued a decision sustaining in part and denying in part a bid protest filed by Total Home Health of Elgin, Illinois.
According to the GAO, Total Home Health "challenges the award of a contract to Rotech Healthcare, Inc., of Orlando, Florida, by the Department of Veterans Affairs (VA) under request for proposals (RFP) No. 36C25218R1040, for medical services and equipment. The protester argues that the agency misled it during discussions, and unreasonably concluded that the awardee was a responsible offeror."
The bid protest decision(B-417283,B-417283.2) was issued on April 26, 2019 (https://www.gao.gov/products/B-417283,B-417283.2).
In its findings, the GAO said: "1. Protest challenging the agency's conduct of discussions is sustained where the agency advised the protester that it was concerned with three areas of the protester's price in a manner that misled the protester into believing a revision in only those three areas would increase its chances for award.
2. Protest challenging the agency's affirmative determination of responsibility for the awardee is denied where the record shows that the contracting officer considered the information cited by the protester concerning the awardee."
The participants in the case included: Rebecca E. Pearson, and Christopher G. Griesedieck, Venable, for the protester. David F. Dowd, Mayer Brown, for Rotech Healthcare Inc., the intervenor. Brian R. Reed, and Donald C. Mobly, Department of Veterans Affairs, for the agency. Jonathan L. Kang, and Laura Eyester, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by TRAX International of Las Vegas, Nevada
WASHINGTON, May 3 -- The Government Accountability Office has issued a decision denying a bid protest filed by TRAX International of Las Vegas, Nevada.
According to the GAO, TRAX International "protests the elimination of its proposal from consideration under request for proposals (RFP) No. W91151-18-R-0005, issued by the Department of the Army, for mission support services at White Sands Missile Range. TRAX argues that the agency unreasonably eliminated its proposal from the competition."
The bid protest decision (B-416927) was issued on January 9, 2019 (https://www.gao.gov/products/B-416927).
In
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WASHINGTON, May 3 -- The Government Accountability Office has issued a decision denying a bid protest filed by TRAX International of Las Vegas, Nevada.
According to the GAO, TRAX International "protests the elimination of its proposal from consideration under request for proposals (RFP) No. W91151-18-R-0005, issued by the Department of the Army, for mission support services at White Sands Missile Range. TRAX argues that the agency unreasonably eliminated its proposal from the competition."
The bid protest decision (B-416927) was issued on January 9, 2019 (https://www.gao.gov/products/B-416927).
Inits findings, the GAO said: "Protest challenging firm's elimination from the competitive range is denied where record shows that agency reasonably found the firm's proposal technically unacceptable in accordance with the terms of the solicitation and applicable statutes and regulations."
The participants in the case included: Amy L. O'Sullivan, Olivia L. Lynch, Robert Sneckenberg, James Peyster, and Stephanie L. Crawford, Crowell & Moring, for the protester. Scott N. Flesch Captain Harry M. Parent, and Andrew J. Smith, Department of the Army, for the agency. Scott H. Riback, and Tania Calhoun, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Customer Value Partners of Fairfax, Virginia
WASHINGTON, May 2 -- The Government Accountability Office has issued a decision denying a bid protest filed by Customer Value Partners of Fairfax, Virginia.
According to the GAO, Customer Value Partners "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-415716.23) was issued on April 4, 2019 (https://www.gao.gov/products/B-415716.23).
In its findings, the GAO said: "Protest challenging agency's evaluation of protester's proposal
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WASHINGTON, May 2 -- The Government Accountability Office has issued a decision denying a bid protest filed by Customer Value Partners of Fairfax, Virginia.
According to the GAO, Customer Value Partners "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-415716.23) was issued on April 4, 2019 (https://www.gao.gov/products/B-415716.23).
In its findings, the GAO said: "Protest challenging agency's evaluation of protester's proposalunder 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: Milton C. Johns, and Emily A. Spence, FH+H, for the protester. Alexis J. Bernstein, Lieutenant Colonel Scott A. Van Schoyck, and Francis D. Hollifield III, 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 DeWitt & Co. of Newman, Georgia
WASHINGTON, May 1 -- The Government Accountability Office has issued a decision denying a bid protest filed by DeWitt and Co. of Newman, Georgia.
According to the GAO, DeWitt & Co. "protests the issuance of an order to Gateway to Outdoor Solutions, LLC (Gateway), a SDVOSB located in St. Louis, Missouri, under request for quotations (RFQ) No. 36C7861Q0009, issued by the Department of Veterans Affairs (VA), National Cemetery Administration, for grounds maintenance services. DeWitt challenges the evaluation of quotations and the selection decision."
The bid protest decision (B-417194) was issued
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WASHINGTON, May 1 -- The Government Accountability Office has issued a decision denying a bid protest filed by DeWitt and Co. of Newman, Georgia.
According to the GAO, DeWitt & Co. "protests the issuance of an order to Gateway to Outdoor Solutions, LLC (Gateway), a SDVOSB located in St. Louis, Missouri, under request for quotations (RFQ) No. 36C7861Q0009, issued by the Department of Veterans Affairs (VA), National Cemetery Administration, for grounds maintenance services. DeWitt challenges the evaluation of quotations and the selection decision."
The bid protest decision (B-417194) was issuedon March 25, 2019 (https://www.gao.gov/products/B-417194).
In its findings, the GAO said: "Protest challenging the agency's evaluation and the selection of a lower-priced quotation rated as technically equal to the protester's is denied where the record shows that the agency's evaluation and selection decision were reasonable and consistent with the terms of the solicitation."
The participants in the case included: Christopher R. Shiplett, Randolph Law, for the protester. James G. Nowogrocki, Heyl Royster, for Gateway to Outdoor Solutions, the intervenor. Jason A. M. Fragoso, Department of Veterans Affairs, for the agency. Paula A. Williams, and Edward Goldstein, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by IPKeys Technology of Stafford, Virginia
WASHINGTON, April 27 -- The Government Accountability Office has issued a decision denying a bid protest filed by IPKeys Technology of Stafford, Virginia.
According to the GAO, IPKeys Technology "protests the issuance of a task order to By Light Professional IT Services, LLC (By Light), of Arlington, Virginia, by the Department of Defense (DOD), Defense Information Systems Agency (DISA), under request for proposals (RFP) No. GSMETI00032, for secure systems engineering and evolution support for the Defense Information System Network (DISN). IPKeys challenges the agency's evaluation of proposals
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WASHINGTON, April 27 -- The Government Accountability Office has issued a decision denying a bid protest filed by IPKeys Technology of Stafford, Virginia.
According to the GAO, IPKeys Technology "protests the issuance of a task order to By Light Professional IT Services, LLC (By Light), of Arlington, Virginia, by the Department of Defense (DOD), Defense Information Systems Agency (DISA), under request for proposals (RFP) No. GSMETI00032, for secure systems engineering and evolution support for the Defense Information System Network (DISN). IPKeys challenges the agency's evaluation of proposalsand its award decision."
The bid protest decision (B-416873.2,B-416873.3) was issued on April 5, 2019 (https://www.gao.gov/products/B-416873.2,B-416873.3).
In its findings, the GAO said: "1. Protest challenging agency's evaluation of technical proposals is denied where the record establishes that the evaluation was reasonable and consistent with the solicitation evaluation criteria.
2. Protest against an agency's cost-realism analysis of the awardee's proposal is denied where the record shows that the agency reasonably evaluated the awardee's proposed costs, taking into account the awardee's technical approach and individual cost elements."
The participants in the case included: Paul F. Khoury, Brian G. Walsh, Sarah B. Hansen, Wiley Rein, for the protester. Damien C. Specht, R. Locke Bell, and James A. Tucker, Morrison & Foerster, for By Light Professional IT Services, the intervenor. Vera A. Strebel, and Anthony J. Balestreri, Defense Information Systems Agency, for the agency. Lois Hanshaw, and Christina Sklarew, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Sustains Protest by Chags Health Information Technology of Columbia, Maryland.
WASHINGTON, April 26 -- The Government Accountability Office has issued a decision sustaining a bid protest filed by Chags Health Information Technology of Columbia, Maryland.
According to the GAO, Chags Health Information Technology "protests the decision by the Department of Health and Human Services, National Institutes of Health (NIH), to find its proposal unacceptable in the competition conducted under request for proposals (RFP) No. NIHJT2016015, which was issued for information technology solutions and services. The protester argues that the agency unreasonably found the protester failed
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WASHINGTON, April 26 -- The Government Accountability Office has issued a decision sustaining a bid protest filed by Chags Health Information Technology of Columbia, Maryland.
According to the GAO, Chags Health Information Technology "protests the decision by the Department of Health and Human Services, National Institutes of Health (NIH), to find its proposal unacceptable in the competition conducted under request for proposals (RFP) No. NIHJT2016015, which was issued for information technology solutions and services. The protester argues that the agency unreasonably found the protester failedto timely provide the password to decrypt a required document submitted in its proposal."
The bid protest decision (B-413104.30,B-413104.37) was issued on April 11, 2019 (https://www.gao.gov/products/B-413104.30,B-413104.37).
In its findings, the GAO said: "Protest that the agency unreasonably found a protester's proposal unacceptable based on the failure to submit a password prior to the proposal due date to decrypt a required document in the proposal is sustained where the encrypted document related solely to responsibility and where the agency had both the document and the password in its possession prior to evaluating the protester's proposal."
The participants in the case included: David B. Dixon, Meghan D. Doherty, Toghrul Shukurlu, and Robert C. Starling, Pillsbury Winthrop Shaw Pittman, for the protester. Christine F. Simpson, Department of Health and Human Services, for the agency. Jonathan L. Kang, and Laura Eyester, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies in Part Protest by AeroSage of Tampa, Florida
WASHINGTON, April 26 -- The Government Accountability Office has issued a decision denying in part and dismissing in part a bid protest filed by AeroSage of Tampa, Florida.
According to the GAO, AeroSage "protests the award of a purchase order to Infinite Energy Corp., a woman-owned small disadvantaged business of New York, New York, under request for quotations (RFQ) No. SPE605-19-Q-0253, issued by the Defense Logistics Agency (DLA) for diesel fuel. The protester argues the agency unreasonably withdrew the government's offer and moved to the next lowest-priced technically acceptable vendor for
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WASHINGTON, April 26 -- The Government Accountability Office has issued a decision denying in part and dismissing in part a bid protest filed by AeroSage of Tampa, Florida.
According to the GAO, AeroSage "protests the award of a purchase order to Infinite Energy Corp., a woman-owned small disadvantaged business of New York, New York, under request for quotations (RFQ) No. SPE605-19-Q-0253, issued by the Defense Logistics Agency (DLA) for diesel fuel. The protester argues the agency unreasonably withdrew the government's offer and moved to the next lowest-priced technically acceptable vendor foraward after providing AeroSage less than three hours to provide written acceptance of the offer. The protester also alleges the agency violated the Competition in Contracting Act by failing to stay contract performance."
The bid protest decision (B-417289) was issued on April 24, 2019 (https://www.gao.gov/products/B-417289).
In its findings, the GAO said: "1. Protest of an agency's requirement for vendor to provide written acceptance of government offer made pursuant to a request for quotations in less than three hours is denied where the amount of time provided was not unreasonable under the circumstances of the procurement, including that the agency required performance on the next day.
2. Protest of an agency's failure to implement the statutorily required stay of performance is dismissed as it is not a matter for consideration by GAO."
The participants in the case included: David M. Snyder, AeroSage, for the protester. Matthew Vasquez, and May Sena, Defense Logistics Agency, 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 Williams Building Co. of West Yarmouth, Massachusetts
WASHINGTON, April 25 -- The Government Accountability Office has issued a decision denying a bid protest filed by Williams Building Co. of West Yarmouth, Massachusetts.
According to the GAO, Williams Building Co. "protests the award of a contract to Monument Construction, LLC (Monument), of Nashua, New Hampshire, under request for proposals (RFP) No. 36E77618R0062, issued by the Department of Veterans Affairs (VA) for construction services at the VA medical center (VAMC) in Jamaica Plain, Massachusetts. The protester argues that the agency unreasonably found the awardee's proposal to be technically
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WASHINGTON, April 25 -- The Government Accountability Office has issued a decision denying a bid protest filed by Williams Building Co. of West Yarmouth, Massachusetts.
According to the GAO, Williams Building Co. "protests the award of a contract to Monument Construction, LLC (Monument), of Nashua, New Hampshire, under request for proposals (RFP) No. 36E77618R0062, issued by the Department of Veterans Affairs (VA) for construction services at the VA medical center (VAMC) in Jamaica Plain, Massachusetts. The protester argues that the agency unreasonably found the awardee's proposal to be technicallyacceptable."
The bid protest decision (B-417210,B-417210.2,B-417210.3) was issued on March 29, 2019 (https://www.gao.gov/products/B-417210,B-417210.2,B-417210.3).
In its findings, the GAO said: "Protest challenging the evaluation of the awardee's proposal is denied where record shows that the evaluation was reasonable and consistent with the terms of the solicitation."
The participants in the case included: Kevin M. Cox, Camardo Law Firm, for the protester. Matthew T. Schoonover, Shane J. McCall, and Haley E. Claxton, Koprince Law, for Monument Construction, LLC, the intervenor. Deborah K. Morrell, and Donald C. Mobly, Department of Veterans Affairs, 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 AVIS Jordan of Amman, Jordan
WASHINGTON, April 25 -- The Government Accountability Office has issued a decision denying a bid protest filed by AVIS Jordan of Amman, Jordan.
According to the GAO, AVIS Jordan "protests the issuance of a purchase order to Masafat Car Rental (Masafat), under request for quotations (RFQ) No. S-J010-19-Q-0005, issued by the Department of State for rental vehicles. The protester contends that the agency's award to Masafat was unreasonable."
The bid protest decision (B-417248) was issued on April 23, 2019 (https://www.gao.gov/products/B-417248).
In its findings, the GAO said: "In a lowest-priced,
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WASHINGTON, April 25 -- The Government Accountability Office has issued a decision denying a bid protest filed by AVIS Jordan of Amman, Jordan.
According to the GAO, AVIS Jordan "protests the issuance of a purchase order to Masafat Car Rental (Masafat), under request for quotations (RFQ) No. S-J010-19-Q-0005, issued by the Department of State for rental vehicles. The protester contends that the agency's award to Masafat was unreasonable."
The bid protest decision (B-417248) was issued on April 23, 2019 (https://www.gao.gov/products/B-417248).
In its findings, the GAO said: "In a lowest-priced,technically acceptable acquisition using commercial item and simplified acquisition procedures, where two vendors submitted technically acceptable quotations at the same price, and where the solicitation contained no tie-breaking procedures, the agency reasonably considered the quality of the quoted items to determine the award priority among equally low-priced vendors."
The participants in the case included: Hashem Abu Samra, AVIS Jordan, for the protester. Dennis J. Gallagher, Department of State, for the agency.
Evan C. Williams, Stephanie B. Magnell, and Amy B. Pereira, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Dismisses Protest by Loc Performance Products of Plymouth, Michigan
WASHINGTON, April 24 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by Loc Performance Products of Plymouth, Michigan.
According to the GAO, Loc Performance Products "protests its exclusion from the competitive range, and the agency's determination of affirmative responsibility for Ibis Tek, Inc., under solicitation No. W15QKN-18-R-0004 issued by the Department of Army for armor hardware, turret systems, and platform integration kits. The protester alleges that the agency erred in several respects in evaluating its proposal, and additionally erred
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WASHINGTON, April 24 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by Loc Performance Products of Plymouth, Michigan.
According to the GAO, Loc Performance Products "protests its exclusion from the competitive range, and the agency's determination of affirmative responsibility for Ibis Tek, Inc., under solicitation No. W15QKN-18-R-0004 issued by the Department of Army for armor hardware, turret systems, and platform integration kits. The protester alleges that the agency erred in several respects in evaluating its proposal, and additionally erredin conducting a responsibility determination for Ibis Tek."
The bid protest decision (B-417431) was issued on April 22, 2019 (https://www.gao.gov/products/B-417431).
In its findings, the GAO said: "Protest filed based on information obtained during post-award debriefing is not timely filed where protester who was excluded from competitive range declined a required pre award debriefing in favor of a post-award debriefing that was not required."
The participants in the case included: Christian B. Nagel, Edwin O. Childs Jr., Blake R. Christopher, Nathan R. Pittman, McGuire Woods, for the protester. Debra J. Talley, Department of the Army, for the agency.
Michael Willems, and Edward Goldstein, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Advanced Alliant Solutions Team of Fairfax, Virginia
WASHINGTON, April 24 -- The Government Accountability Office has issued a decision denying a bid protest filed by Advanced Alliant Solutions Team of Fairfax, Virginia.
According to the GAO, Advanced Alliant Solutions Team "protests the issuance of a task order to Data Computer Corporation of America (DCCA), of Ellicott City, Maryland, under request for proposals (RFP) No. HT940219R0002, issued by the Defense Health Agency for information technology (IT) and engineering services. AAST alleges that the agency unreasonably evaluated its proposal and improperly made the source selection decision."
The
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WASHINGTON, April 24 -- The Government Accountability Office has issued a decision denying a bid protest filed by Advanced Alliant Solutions Team of Fairfax, Virginia.
According to the GAO, Advanced Alliant Solutions Team "protests the issuance of a task order to Data Computer Corporation of America (DCCA), of Ellicott City, Maryland, under request for proposals (RFP) No. HT940219R0002, issued by the Defense Health Agency for information technology (IT) and engineering services. AAST alleges that the agency unreasonably evaluated its proposal and improperly made the source selection decision."
Thebid protest decision (B-417334) was issued on April 10, 2019 (https://www.gao.gov/products/B-417334).
In its findings, the GAO said: "Protest that agency unreasonably evaluated protester's past performance is denied where the record shows that the evaluation was reasonable and consistent with the firm's record of past performance and the terms of the solicitation."
The participants in the case included: Steven J. Koprince, Matthew P. Moriarty, Haley E. Claxton, and Robert D. Kampen, Koprince Law, for the protester. Rebecca E. Pearson, and Christopher G. Griesedieck, Venable, for Data Computer Corporation of America, the intervenor. Michael R. Bibbo, and Timothy J. Haight, Defense Health Agency, 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 Catalyst Solutions of Stafford, Virginia
WASHINGTON, April 19 -- The Government Accountability Office has issued a decision denying a bid protest filed by Catalyst Solutions of Stafford, Virginia.
According to the GAO, Catalyst Solutions "protests the award of a contract to Keith Stalder and Associates, LLC (KSA), of Arlington, Virginia, under request for proposals (RFP) No. M00264-18-R-0020, issued by the Department of the Navy, United States Marine Corps, to provide call center services at the Sergeant Merlin German Wounded Warrior Call Center, in support of the Marine Corps Wounded Warrior Regiment's Recovery Care Program, at Quantico,
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WASHINGTON, April 19 -- The Government Accountability Office has issued a decision denying a bid protest filed by Catalyst Solutions of Stafford, Virginia.
According to the GAO, Catalyst Solutions "protests the award of a contract to Keith Stalder and Associates, LLC (KSA), of Arlington, Virginia, under request for proposals (RFP) No. M00264-18-R-0020, issued by the Department of the Navy, United States Marine Corps, to provide call center services at the Sergeant Merlin German Wounded Warrior Call Center, in support of the Marine Corps Wounded Warrior Regiment's Recovery Care Program, at Quantico,Virginia. Catalyst argues that the agency's evaluation of offerors' proposals and resulting award decision were improper."
The bid protest decision (B-416804.3,B-416804.4) was issued on April 4, 2019 (https://www.gao.gov/products/B-416804.3,B-416804.4).
In its findings, the GAO said: "1. Supplemental protest challenging the agency's evaluation of the awardee's proposal is dismissed as untimely where it fails to independently meet GAO timeliness requirements and represents an unwarranted piecemeal development and presentation of protest issues, which our Bid Protest Regulations do not contemplate.
2. Protest challenging the agency's evaluation of protester's technical proposal is denied where the protester fails to demonstrate that it suffered any competitive prejudice from the alleged errors."
The participants in the case included: Milton C. Johns, and Emily A. Spence, FH+H, for the protester. Kenneth D. Brody, and Thomas K. David, David, Brody & Dondershine, for Keith Stalder and Associates, the intervenor. Philip J. Taylor, John K. Harms, and Graeme S. Henderson, United States Marine Corps, for the agency. Louis A. Chiarella, and Peter H. Tran, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies in Part Protest by Kingfisher Systems of Falls Church, Virginia, Blue Glacier Management Group of Arlington, Virginia
WASHINGTON, April 18 -- The Government Accountability Office has issued a decision denying in part and dismissing in part a bid protest filed by Kingfisher Systems of Falls Church, Virginia, and Blue Glacier Management Group of Arlington, Virginia.
According to the GAO, Kingfisher Systems and Blue Glacier Management Group "protest the establishment of a Federal Supply Schedule (FSS) blanket purchase agreement (BPA) with Customer Value Partners, Inc. (CVP), a small business located in Fairfax, Virginia, under request for quotations (RFQ) No. 12314418Q0055, issued by the Department of Agriculture
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WASHINGTON, April 18 -- The Government Accountability Office has issued a decision denying in part and dismissing in part a bid protest filed by Kingfisher Systems of Falls Church, Virginia, and Blue Glacier Management Group of Arlington, Virginia.
According to the GAO, Kingfisher Systems and Blue Glacier Management Group "protest the establishment of a Federal Supply Schedule (FSS) blanket purchase agreement (BPA) with Customer Value Partners, Inc. (CVP), a small business located in Fairfax, Virginia, under request for quotations (RFQ) No. 12314418Q0055, issued by the Department of Agriculture(USDA), for information technology (IT) security services. The protesters challenge the agency's evaluation of quotations under the RFQ's go/no go criteria."
The bid protest decision (B-417149,B-417149.2,B-417149.3,B-417149.4,B-417149.5) was issued on April 1, 2019 (https://www.gao.gov/products/B-417149,B-417149.2,B-417149.3,B-417149.4,B-417149.5).
In its findings, the GAO said: "1. Protest challenging evaluation of experience is denied where the agency reasonably assessed the relevance of the experience as required by the solicitation.
2. Protest challenging technical acceptability of vendor's quotation is denied where agency reasonably determined that information provided in vendor's quotation showed that proposed personnel satisfied the "go/no go" qualifications specified in the solicitation, and thus, evaluation of vendor's quotation as acceptable was reasonable, supported by the record, and consistent with the solicitation.
2. Protest challenging technical acceptability of awardee's quotation is denied where the evaluation was reasonable and consistent with the terms of the solicitation and protester's objection to the evaluation reflects the protester's untimely disagreement with the plain, unambiguous language of the solicitation."
The participants in the case included: Kevin P. Mullen, and Sandeep N. Nandivada, Morrison & Foerster, for Kingfisher Systems; and Stuart W. Turner, Nathaniel E. Castellano, and Alexandra L. Barbee-Garrett, Arnold & Porter Kaye Scholer, for Blue Glacier Management Group, the protesters. Milton C. Johns, and Emily A. Spence, FH+H, for Customer Value Partners, the intervenor. Elin M. Dugan, Department of Agriculture, for the agency. Heather Weiner, and Jennifer D. Westfall-McGrail, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Shivoy of McLean, Virginia
WASHINGTON, April 18 -- The Government Accountability Office has issued a decision denying a bid protest filed by Shivoy of McLean, Virginia.
According to the GAO, Shivoy "protests the Department of Health and Human Services, National Institutes of Health's (NIH) exclusion of the protester's proposal from further consideration under request for proposals (RFP) No. NIHJT2016015, for information technology (IT) supplies and services. The protester argues that the exclusion of Shivoy's proposal, based on the failure to submit verification of an adequate accounting system for its contractor team arrangement
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WASHINGTON, April 18 -- The Government Accountability Office has issued a decision denying a bid protest filed by Shivoy of McLean, Virginia.
According to the GAO, Shivoy "protests the Department of Health and Human Services, National Institutes of Health's (NIH) exclusion of the protester's proposal from further consideration under request for proposals (RFP) No. NIHJT2016015, for information technology (IT) supplies and services. The protester argues that the exclusion of Shivoy's proposal, based on the failure to submit verification of an adequate accounting system for its contractor team arrangement(CTA) member, was unreasonable because Shivoy complied with the solicitation's instructions."
The bid protest decision (B-413104.36) was issued on April 8, 2019 (https://www.gao.gov/products/B-413104.36).
In its findings, the GAO said: "Protest challenging elimination from competition is denied where agency reasonably found the protester's proposal failed to comply with the solicitation's specific instructions for providing verification of an adequate cost accounting system for its contractor team arrangement member."
The participants in the case included: Aron C. Beezley, Patrick R. Quigley, and Sarah S. Osborne, Bradley Arant Boult Cummings, for the protester. Christine Simpson, and Anthony E. Marrone, Department of Health and Human Services, for the agency. Young H. Cho, and Peter H. Tran, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Arctic Slope Mission Services of Beltsville, Maryland
WASHINGTON, April 17 -- The Government Accountability Office has issued a decision denying a bid protest filed by Arctic Slope Mission Services of Beltsville, Maryland.
According to the GAO, Arctic Slope Mission Services "protests the award of a contract to Odyssey Systems Consulting Group, Ltd., a small business of Wakefield, Massachusetts, pursuant to request for proposals (RFP) No. 18-R-0270, issued by the Department of the Air Force for advisory and assistance support services for the Hanscom Special Programs Community. The protester challenges the agency's cost realism analysis, technical
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WASHINGTON, April 17 -- The Government Accountability Office has issued a decision denying a bid protest filed by Arctic Slope Mission Services of Beltsville, Maryland.
According to the GAO, Arctic Slope Mission Services "protests the award of a contract to Odyssey Systems Consulting Group, Ltd., a small business of Wakefield, Massachusetts, pursuant to request for proposals (RFP) No. 18-R-0270, issued by the Department of the Air Force for advisory and assistance support services for the Hanscom Special Programs Community. The protester challenges the agency's cost realism analysis, technicalevaluation, and best-value decision."
The bid protest decision (B-417244) was issued on April 8, 2019 (https://www.gao.gov/products/B-417244).
In its findings, the GAO said: "1. Protest challenging the agency's evaluation of the protester's proposed costs for realism is denied where the agency reasonably made upward adjustments to protester's proposed costs based on actual rates from its incumbent effort during which it experienced recruitment and retention performance problems.
2. Protest that the agency should have assigned protester's proposal multiple strengths and a higher technical rating reflects the protester's disagreement with the agency's evaluation judgment, and provides no basis for sustaining the protest.
3. Protest that the agency improperly failed to conduct a comparative evaluation of proposals when making best-value selection decision is denied where the proposal selected for award was highest-rated technically and lowest-priced."
The participants in the case included: Damien C. Specht, R. Locke Bell, and Rachael K. Plymale, Morrison & Foerster, for the protester. David S. Cohen, John J. O'Brien, Daniel J. Strouse, and Laurel A. Hockey, Cordatis Law, for Odyssey Systems Consulting Group, the intervenor. Kyle E. Gilbertson, and Alexis J. Bernstein, Department of the Air Force, 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 Norfolk Dredging of Chesapeake, Virginia
WASHINGTON, April 16 -- The Government Accountability Office has issued a decision denying a bid protest filed by Norfolk Dredging of Chesapeake, Virginia.
According to the GAO, Norfolk Dredging "protests the cancellation of invitation for bids (IFB) No. W912HP-18-B-0004, issued by the Department of the Army, Corps of Engineers (Corps), for dredging services near Charleston, South Carolina. Norfolk contends that the agency's decision to cancel the IFB and complete the acquisition as a negotiated procurement is unreasonable, as the agency should have awarded the contract to Norfolk, the low bidder."
The
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WASHINGTON, April 16 -- The Government Accountability Office has issued a decision denying a bid protest filed by Norfolk Dredging of Chesapeake, Virginia.
According to the GAO, Norfolk Dredging "protests the cancellation of invitation for bids (IFB) No. W912HP-18-B-0004, issued by the Department of the Army, Corps of Engineers (Corps), for dredging services near Charleston, South Carolina. Norfolk contends that the agency's decision to cancel the IFB and complete the acquisition as a negotiated procurement is unreasonable, as the agency should have awarded the contract to Norfolk, the low bidder."
Thebid protest decision (B-417213,B-417213.2) was issued on March 26, 2019 (https://www.gao.gov/products/B-417213,B-417213.2).
In its findings, the GAO said: "Agency properly canceled a solicitation after bid opening and converted the procurement from sealed bidding to a negotiated procurement based upon the unreasonableness of bid prices, where the low bid exceeded the government's estimate by more than 24 percent and where the protester has not shown that the government's estimate was unreasonably low."
The participants in the case included: Michael H. Payne, Robert G. Ruggieri, and Casey J. McKinnon, Cohen Seglias Pallas Greenhall & Furman, for the protester. John P. Kassebaum, Department of the Army, for the agency. Michael P. Grogan, and Amy B. Pereira, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Amyx of Dallas, Texas
WASHINGTON, April 16 -- The Government Accountability Office has issued a decision denying a bid protest filed by Amyx of Dallas, Texas.
According to the GAO, Amyx "protests the issuance of a blanket purchase agreement (BPA) against the Federal Supply Schedule (FSS) to SRA International, Inc., of Chantilly, Virginia, under request for quotations (RFQ) No. 70CMSD18Q00000016, issued by the Department of Homeland Security, U.S. Immigration and Customs Enforcement, for operations support services. Amyx alleges that the agency unreasonably made its source selection decision."
The bid protest decision
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WASHINGTON, April 16 -- The Government Accountability Office has issued a decision denying a bid protest filed by Amyx of Dallas, Texas.
According to the GAO, Amyx "protests the issuance of a blanket purchase agreement (BPA) against the Federal Supply Schedule (FSS) to SRA International, Inc., of Chantilly, Virginia, under request for quotations (RFQ) No. 70CMSD18Q00000016, issued by the Department of Homeland Security, U.S. Immigration and Customs Enforcement, for operations support services. Amyx alleges that the agency unreasonably made its source selection decision."
The bid protest decision(B-416734.2) was issued on April 9, 2019 (https://www.gao.gov/products/B-416734.2).
In its findings, the GAO said: "Protest is denied where the agency's determination that the protester's technical advantages did not warrant a price premium was supported by the record."
The participants in the case included: James Y. Boland, Michael T. Francel, and Caleb E. McCallum, Venable, for the protester. Kasey M. Podzius, Department of Homeland Security, 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 Trillion Technology Solutions of Reston, Virginia
WASHINGTON, April 16 -- The Government Accountability Office has issued a decision denying a bid protest filed by Trillion Technology Solutions of Reston, Virginia.
According to the GAO, Trillion Technology Solutions "protests the rejection of the proposal it submitted in response to request for proposals (RFP) No. NIHJT2016015, issued by the Department of Health and Human Services, National Institutes of Health (NIH), for the National Institutes of Health Information Technology Acquisition and Assessment Center, Chief Information Officer-Solutions and Partners 3 (CIO-SP3) Small Business contract.
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WASHINGTON, April 16 -- The Government Accountability Office has issued a decision denying a bid protest filed by Trillion Technology Solutions of Reston, Virginia.
According to the GAO, Trillion Technology Solutions "protests the rejection of the proposal it submitted in response to request for proposals (RFP) No. NIHJT2016015, issued by the Department of Health and Human Services, National Institutes of Health (NIH), for the National Institutes of Health Information Technology Acquisition and Assessment Center, Chief Information Officer-Solutions and Partners 3 (CIO-SP3) Small Business contract.Trillion complains that the agency unreasonably determined that its proposal was unacceptable."
The bid protest decision (B-413104.32) was issued on April 5, 2019 (https://www.gao.gov/products/B-413104.32).
In its findings, the GAO said: "Protest that agency unreasonably eliminated protester's proposal from consideration for award is denied where protester described its experience, but did not, as instructed by the solicitation, describe the approach and methodology it would utilize in performance."
The participants in the case included: Lars E. Anderson, and Shiva S. Hamidinia, Odin Feldman & Pittleman, for the protester. Christine Simpson, and Anthony E. Marrone, Department of Health and Human Services, for the agency.
Mary G. Curcio, and Laura Eyester, Office of the General Counsel, GAO, participated in the preparation of the decision. Lars E. Anderson, Odin Feldman Pittleman PC, for the protester.
GAO Dismisses Protest by F-Star Zaragosa Port, F-Star Socorro Holding Both Located in Scottsdale, Arizona
WASHINGTON, April 16 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by F-Star Zaragosa Port and F-Star Socorro Holding both located in Scottsdale, Arizona.
According to the GAO, F-Star Zaragosa Port and F-Star Socorro Holding "protest the terms of pre-solicitation notice No. 9TX3160, issued by the General Services Administration (GSA), Public Buildings Service, seeking expressions of interest to provide leased warehouse space for a federal tenant agency. The protesters refer to the notice as a "solicitation" and contend that the "solicitation's" specifications
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WASHINGTON, April 16 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by F-Star Zaragosa Port and F-Star Socorro Holding both located in Scottsdale, Arizona.
According to the GAO, F-Star Zaragosa Port and F-Star Socorro Holding "protest the terms of pre-solicitation notice No. 9TX3160, issued by the General Services Administration (GSA), Public Buildings Service, seeking expressions of interest to provide leased warehouse space for a federal tenant agency. The protesters refer to the notice as a "solicitation" and contend that the "solicitation's" specificationsare unduly restrictive of competition and that the agency did not afford potential offerors sufficient time to respond to the "solicitation.""
The bid protest decision (B-417414,B-417414.2) was issued on April 15, 2019 (https://www.gao.gov/products/B-417414,B-417414.2).
In its findings, the GAO said: "Protests challenging the terms of a pre-solicitation notice are dismissed as premature where the record shows that the agency has not yet made a final decision regarding its needs and has not yet issued a solicitation."
The participants in the case included: Ken Coffman, for the protesters.
Helen Kearns, and Erin Hufstetler, General Services Administration, for the agency. Elizabeth Witwer, and Jennifer D. Westfall-McGrail, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Sustains Protest by NavQSys of Aberdeen Proving Ground, Maryland
WASHINGTON, April 13 -- The Government Accountability Office has issued a decision sustaining a bid protest filed by NavQSys of Aberdeen Proving Ground, Maryland.
According to the GAO, NavQSys "protests the corrective action taken by the Department of the Army, Army Materiel Command (AMC), in response to an earlier protest by Semper Valens Solutions, Inc. (Semper Valens), of Canyon Lake, Texas, challenging the Army's award of a contract to NavQSys under request for proposals (RFP) No. W56KGY-17-R-0020, issued by the Department of the Army, Army Contracting Command (ACC) - Aberdeen Proving Ground
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WASHINGTON, April 13 -- The Government Accountability Office has issued a decision sustaining a bid protest filed by NavQSys of Aberdeen Proving Ground, Maryland.
According to the GAO, NavQSys "protests the corrective action taken by the Department of the Army, Army Materiel Command (AMC), in response to an earlier protest by Semper Valens Solutions, Inc. (Semper Valens), of Canyon Lake, Texas, challenging the Army's award of a contract to NavQSys under request for proposals (RFP) No. W56KGY-17-R-0020, issued by the Department of the Army, Army Contracting Command (ACC) - Aberdeen Proving Ground(APG) on behalf of AMC for systems engineering and technical assistance support. In response to Semper Valens' protest, the Army stated its intent to take corrective action by terminating the contract with NavQSys and awarding the contract to Semper Valens; our Office then dismissed the protest. NavQSys challenges the reasonableness of the agency's corrective action."
The bid protest decision (B-417028.3) was issued on March 27, 2019 (https://www.gao.gov/products/B-417028.3).
In its findings, the GAO said: "Protest challenging the agency's corrective action, in which the agency advised our Office of its intent to terminate the award to the current protester and award to the former protester, is sustained because the agency failed to adequately document the basis for its decisions and our Office is unable to conclude that the agency had a reasonable basis for its corrective action."
The participants in the case included: Steven J. Koprince, Ian P. Patterson, Shane J. McCall, and Haley E. Claxton, Koprince Law, for the protester. William K. Walker, for the intervenor, Semper Valens Solutions, Wade L. Brown, Department of the Army, for the agency. Stephanie B. Magnell, and Amy B. Pereira, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies in Part Protest by SSI Technology of Sterling Heights, Michigan
WASHINGTON, April 11 -- The Government Accountability Office has issued a decision denying in part and dismissing in part a bid protest filed by SSI Technology of Sterling Heights, Michigan.
According to the GAO, SSI Technology "protests the issuance of a purchase order to Marine Air Supply Company, Inc. (MAS), a small business, of Frederick, Maryland, under request for quotations (RFQ) No. SPE7L2-19-T-1375, which was issued by the Defense Logistics Agency (DLA), for engine relay-solenoids. SSI, which is one of two authorized sources identified in the RFQ for the parts, alleges that MAS will not
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WASHINGTON, April 11 -- The Government Accountability Office has issued a decision denying in part and dismissing in part a bid protest filed by SSI Technology of Sterling Heights, Michigan.
According to the GAO, SSI Technology "protests the issuance of a purchase order to Marine Air Supply Company, Inc. (MAS), a small business, of Frederick, Maryland, under request for quotations (RFQ) No. SPE7L2-19-T-1375, which was issued by the Defense Logistics Agency (DLA), for engine relay-solenoids. SSI, which is one of two authorized sources identified in the RFQ for the parts, alleges that MAS will notdeliver an approved item, the other approved source is unable or unwilling to manufacture the approved item, and the agency unreasonably failed to validate whether MAS is an authorized dealer or distributor for the other approved source."
The bid protest decision (B-417299) was issued on April 4, 2019 (https://www.gao.gov/products/B-417299).
In its findings, the GAO said: "1. Protest alleging that the awardee will not deliver the specific approved part identified in the solicitation is dismissed because whether an offeror delivers a product in accordance with the solicitation's specifications presents a matter of contract administration which our Office does not consider as part of our bid protest function.
2. Post-award protest alleging that an approved source identified in the solicitation is unable to produce the approved part is dismissed because it is, in essence, an untimely challenge to the terms of the solicitation.
3. Protest alleging that the awardee was required to submit at the time of quotation submission proof that it is an authorized dealer of an approved source identified in the solicitation is denied because the solicitation contained no requirement for an offeror to provide such proof with its quotation or obligate the agency to validate such relationship prior to award."
The participants in the case included: Bret S. Wacker, and Emily J. Baldwin, Clark Hill, for the protester. Tyson S. McDonald, Defense Logistics Agency, for the agency. Evan D. Wesser, and Edward Goldstein, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Sallyport Global Holdings of Reston, Virginia
WASHINGTON, April 11 -- The Government Accountability Office has issued a decision denying a bid protest filed by Sallyport Global Holdings of Reston, Virginia.
According to the GAO, Sallyport Global Holdings "protests the award of a sole-source contract to SOS International, LLC, of Reston, Virginia, under request for proposals (RFP) No. W52P1J-18-R-TajiBLS, issued by the Department of the Army for base life support (BLS) services at Camp Taji, Iraq. Sallyport maintains that the agency's sole-source acquisition strategy is unreasonable, and that the requirement should be subject to full and open
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WASHINGTON, April 11 -- The Government Accountability Office has issued a decision denying a bid protest filed by Sallyport Global Holdings of Reston, Virginia.
According to the GAO, Sallyport Global Holdings "protests the award of a sole-source contract to SOS International, LLC, of Reston, Virginia, under request for proposals (RFP) No. W52P1J-18-R-TajiBLS, issued by the Department of the Army for base life support (BLS) services at Camp Taji, Iraq. Sallyport maintains that the agency's sole-source acquisition strategy is unreasonable, and that the requirement should be subject to full and opencompetition."
The bid protest decision (B-417223.2,B-417223.4) was issued on April 3, 2019 (https://www.gao.gov/products/B-417223.2,B-417223.4).
In its findings, the GAO said: "Protest challenging agency's decision to meet its requirements through the award of a sole-source contract is denied where record shows that the requirement at issue is to be performed by a firm that has an exclusive land use agreement with the government of Iraq to occupy the premises where contract performance is to take place, such that it is the only firm capable of meeting the agency's requirements."
The participants in the case included: Kara L. Daniels, and Sonia Tabriz, Arnold & Porter Kaye Scholer, for the protester. Bradley D. Wine, Sandeep N. Nandivada, and Caitlin A. Crujido, Morrison & Foerster, for SOS International, an intervenor. Wade L. Brown, Department of the Army, for the agency. Scott H. Riback, and Tania Calhoun, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies in Part Protest by Technica of Charleston, South Carolina
WASHINGTON, April 9 -- The Government Accountability Office has issued a decision denying in part and dismissing in part a bid protest filed by Technica of Charleston, South Carolina.
According to the GAO, Technica "protests the issuance of a task order to Aviation Security Management, LLC (ASM), of Dumfries, Virginia, under request for proposals (RFP) No. 70T05018R5NSPP176, issued by the Department of Homeland Security, Transportation Security Administration, for airport screening security services at Punta Gorda Airport in Punta Gorda, Florida. Technica argues that the agency misevaluated proposals
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WASHINGTON, April 9 -- The Government Accountability Office has issued a decision denying in part and dismissing in part a bid protest filed by Technica of Charleston, South Carolina.
According to the GAO, Technica "protests the issuance of a task order to Aviation Security Management, LLC (ASM), of Dumfries, Virginia, under request for proposals (RFP) No. 70T05018R5NSPP176, issued by the Department of Homeland Security, Transportation Security Administration, for airport screening security services at Punta Gorda Airport in Punta Gorda, Florida. Technica argues that the agency misevaluated proposalsand made an unreasonable source selection decision."
The bid protest decision (B-417177,B-417177.2,B-417177.3,B-417177.4,B-417177.5) was issued on March 21, 2019 (https://www.gao.gov/products/B-417177,B-417177.2,B-417177.3,B-417177.4,B-417177.5).
In its findings, the GAO said: "1. Protest challenging agency's evaluation of protester's past performance is denied where record shows that agency has a reasonable basis for eliminating from consideration past performance examples that the agency determined were not relevant.
2. Protest allegations challenging various aspects of agency's technical evaluation of protester's proposal are dismissed where record shows that, even if the protester were correct, the alleged errors did not prejudice the protester.
3. Protest allegations challenging agency's evaluation of awardee's proposal are dismissed because protester is not an interested party to maintain the allegations."
The participants in the case included: Robert K. Tompkins, Mary Beth Bosco, Rodney M. Perry, and Vijaya S. Surampudi, Holland & Knight, for the protester. Marina Burton Blickley, and Ken M. Kanzawa, Odin Feldman Pittleman, for the intervenor. Michael Kiffney, Angela Varner, and Christopher J. Reames, Department of Homeland Security, for the agency.
Scott H. Riback, and Tania Calhoun, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Network Runners of Sterling, Virginia, Appteon of Vienna, Virginia
WASHINGTON, April 6 -- The Government Accountability Office has issued a decision denying a bid protest filed by Network Runners of Sterling, Virginia, and Appteon of Vienna, Virginia.
According to the GAO, Network Runners and Appteon "protest the decision by the Department of Health and Human Services (HHS), National Institutes of Health (NIH), to find their respective proposals unacceptable in the competition conducted under request for proposals (RFP) No. NIHJT2016015, which was issued for information technology solutions and services. Network Runners and Appteon argue that the agency unreasonably
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WASHINGTON, April 6 -- The Government Accountability Office has issued a decision denying a bid protest filed by Network Runners of Sterling, Virginia, and Appteon of Vienna, Virginia.
According to the GAO, Network Runners and Appteon "protest the decision by the Department of Health and Human Services (HHS), National Institutes of Health (NIH), to find their respective proposals unacceptable in the competition conducted under request for proposals (RFP) No. NIHJT2016015, which was issued for information technology solutions and services. Network Runners and Appteon argue that the agency unreasonablyinterpreted the solicitation and failed to reasonably evaluate their proposals."
The bid protest decision (B-413104.26,B-413104.27) was issued on March 18, 2019 (https://www.gao.gov/products/B-413104.26,B-413104.27).
In its findings, the GAO said: "1. Protest that the agency unreasonably found a protester's proposal unacceptable under an evaluation factor that the protester contends required only a "high level" response is denied where the agency reasonably interpreted the evaluation factor as requiring offerors to submit a detailed technical approach and methodology for meeting the solicitation requirements.
2.Protest that the agency unreasonably found a protester's proposal unacceptable under an evaluation subfactor is denied where the protester's commitment to meet other mandatory solicitation requirements is not a substitute for addressing the specific requirements of the evaluation subfactor."
The participants in the case included: W. Barron A. Avery, and William B. O'Reilly, Baker & Hostetler, for Network Runners, and David B. Dempsey, and James D'Agostino, Dempsey Fontana, for Appteon, the protesters. Christine Simpson, and Anthony E. Marrone, Department of Health and Human Services, for the agency. Jonathan L. Kang, and Laura Eyester, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Dismisses Protest by MD Helicopters of Mesa, Arizona
WASHINGTON, April 6 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by MD Helicopters of Mesa, Arizona.
According to the GAO, MD Helicopters "protests the decision of the Department of the Army, U.S. Army Futures Command, not to enter into a phase one other transaction agreement (OTA) pursuant to 10 U.S.C. *2371b with MD Helicopters under solicitation No. W911W6-19-R-0001, for the development of a future attack reconnaissance aircraft competitive prototype. MD Helicopters argues that the Army unreasonably evaluated its proposal, and otherwise failed
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WASHINGTON, April 6 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by MD Helicopters of Mesa, Arizona.
According to the GAO, MD Helicopters "protests the decision of the Department of the Army, U.S. Army Futures Command, not to enter into a phase one other transaction agreement (OTA) pursuant to 10 U.S.C. *2371b with MD Helicopters under solicitation No. W911W6-19-R-0001, for the development of a future attack reconnaissance aircraft competitive prototype. MD Helicopters argues that the Army unreasonably evaluated its proposal, and otherwise failedto reasonably promote small business participation in accordance with 10 U.S.C. * 2371b(d)(1)."
The bid protest decision (B-417379) was issued on April 4, 2019 (https://www.gao.gov/products/B-417379).
In its findings, the GAO said: "Protest of the agency's evaluation of proposals for the award of other transaction agreements pursuant to the authority of 10 U.S.C. * 2371b is dismissed because our Office generally does not review protests of awards, or solicitations for awards, of other transaction agreements."
The participants in the case included: Brett W. Johnson, Colin Ahler, and Derek Flint, Snell & Wilmer, for the protester. Jennifer S. Zucker, Melissa P. Prusock, and Daniel D. Straus, Greenberg Traurig, for Sikorsky Aircraft; Scott M. McCaleb, Sarah B. Hansen, and Jon W. Burd, Wiley Rein, for The Boeing, the intervenors. Debra J. Talley, Department of the Army, for the agency.
Evan D. Wesser, and Edward Goldstein, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Alexandra Construction of Newton, Massachusetts
WASHINGTON, April 4 -- The Government Accountability Office has issued a decision denying a bid protest filed by Alexandra Construction of Newton, Massachusetts.
According to the GAO, Alexandra Construction "protests the award of a contract to Stone & Lime Imports, Inc. (S&L), of Brookfield, Massachusetts, under request for proposals (RFP) No. 47PB0018R0010, issued by the General Services Administration for building maintenance and repair services. The protester alleges that the agency unreasonably evaluated the proposals."
The bid protest decision (B-417212) was issued on April 2, 2019 (https://www.gao.gov/products/B-417212).
In
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WASHINGTON, April 4 -- The Government Accountability Office has issued a decision denying a bid protest filed by Alexandra Construction of Newton, Massachusetts.
According to the GAO, Alexandra Construction "protests the award of a contract to Stone & Lime Imports, Inc. (S&L), of Brookfield, Massachusetts, under request for proposals (RFP) No. 47PB0018R0010, issued by the General Services Administration for building maintenance and repair services. The protester alleges that the agency unreasonably evaluated the proposals."
The bid protest decision (B-417212) was issued on April 2, 2019 (https://www.gao.gov/products/B-417212).
Inits findings, the GAO said: "1. Protest is denied where the record shows that the agency's experience and past performance evaluations were consistent with the solicitation and applicable statutes and regulations.
2.Protest is denied where the protester did not suffer competitive prejudice from the agency's unequal treatment of offerors' status on examples of referenced experience or from the agency's waiver of a material term of the solicitation with respect to its evaluation of the awardee's proposal."
The participants in the case included: Gregory T. Clark, Alexandra Construction, for the protester. Timothy T. Corey, Hinckley Allen, for Stone & Lime Imports, the intervenor. Meaghan LeClerc, and Nancy O'Connell, General Services Administration, 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 MacAulay-Brown of Dayton, Ohio
WASHINGTON, April 3 -- The Government Accountability Office has issued a decision denying a bid protest filed by MacAulay-Brown of Dayton, Ohio.
According to the GAO, MacAulay-Brown "protests the award of a contract to Deloitte & Touche, LLP, of Arlington, Virginia, under request for proposals (RFP) No. W52P1J-19-R-0004, issued by the Department of the Army, Army Contracting Command-Rock Island, for cyber analytics services. MacAulay challenges several aspects of the procurement, including the agency's evaluation of proposals and source selection decision."
The bid protest decision (B-417205,B-417205.2,B-417205.3)
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WASHINGTON, April 3 -- The Government Accountability Office has issued a decision denying a bid protest filed by MacAulay-Brown of Dayton, Ohio.
According to the GAO, MacAulay-Brown "protests the award of a contract to Deloitte & Touche, LLP, of Arlington, Virginia, under request for proposals (RFP) No. W52P1J-19-R-0004, issued by the Department of the Army, Army Contracting Command-Rock Island, for cyber analytics services. MacAulay challenges several aspects of the procurement, including the agency's evaluation of proposals and source selection decision."
The bid protest decision (B-417205,B-417205.2,B-417205.3)was issued on March 27, 2019 (https://www.gao.gov/products/B-417205,B-417205.2,B-417205.3).
In its findings, the GAO said: "1.Protest challenging agency's evaluation of proposals and source selection decision is denied where the record shows that the agency reasonably performed a price realism analysis and evaluated technical proposals in accordance with the solicitation.
2.Protest alleging agency's requirements changed in a manner that obligated agency to revise the solicitation and provide offerors an opportunity to submit revised proposals is denied where the record shows that the requirements had not, in fact, changed.
3.Protest alleging that the agency unreasonably evaluated proposals based on solicitation's intended use of protester's proprietary software is dismissed as untimely where protest was not filed prior to deadline for submission of proposals."
The participants in the case included: Jason A. Carey, J. Hunter Bennett, and Andrew R. Guy, Covington & Burling, for the protester. David S. Cohen, John J. O'Brien, and Daniel J. Strouse, and, Cordatis Law, for the intervenor. Debra J. Talley, and Warren A. Reardon, Department of the Army, for the agency. Joshua R. Gillerman, and Tania Calhoun, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Dismisses Protest by Oppenheim Management of Brooklyn, New York
WASHINGTON, April 3 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by Oppenheim Management of Brooklyn, New York.
According to the GAO, Oppenheim Management "protests the General Services Administration's (GSA) exclusion of Oppenheim's proposal from further consideration in a procurement, conducted pursuant to request for lease proposals (RLP) No. 7PA2333, to provide leased space for the U.S. Social Security Administration (SSA) in Scranton, Pennsylvania. Oppenheim asserts that the agency incorrectly determined that Oppenheim's proposal failed to comply
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WASHINGTON, April 3 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by Oppenheim Management of Brooklyn, New York.
According to the GAO, Oppenheim Management "protests the General Services Administration's (GSA) exclusion of Oppenheim's proposal from further consideration in a procurement, conducted pursuant to request for lease proposals (RLP) No. 7PA2333, to provide leased space for the U.S. Social Security Administration (SSA) in Scranton, Pennsylvania. Oppenheim asserts that the agency incorrectly determined that Oppenheim's proposal failed to complywith the solicitation's column spacing requirements, and complains that the agency failed to conduct discussions regarding that requirement. Additionally, Oppenheim asserts that exclusion of Oppenheim's proposal "lacks a rational basis," since its proposed building is capable of meeting the agency's needs. Protest at 2."
The bid protest decision (B-417333) was issued on March 26, 2019 (https://www.gao.gov/products/B-417333).
In its findings, the GAO said: "1. Protest allegations that, on the face of protester's submissions, fail to present factually and legally sufficient bases for protest are dismissed.
2. Post-closing-date protest that challenges the necessity for a solicitation requirement is dismissed as untimely."
The participants in the case included: Robert C. MacKichan Jr., and Gordon Griffin, Holland & Knight, for the protester. Julie A. Holvik, General Services Administration, for the agency. Glenn G. Wolcott, and Christina Sklarew, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Curtin Maritime of Long Beach, California
WASHINGTON, April 2 -- The Government Accountability Office has issued a decision denying a bid protest filed by Curtin Maritime of Long Beach, California.
According to the GAO, Curtin Maritime "protests the terms of request for proposals (RFP) No. N32205-19-R-3300, issued by the Department of the Navy, Military Sealift Command (MSC), for a U.S. flag tug vessel. The protester contends that the solicitation's evaluation criteria violate the domestic shipyard preference set forth in Defense Federal Acquisition Regulation Supplement (DFARS) provision 252.247-7026."
The bid protest decision (B-417175.2)
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WASHINGTON, April 2 -- The Government Accountability Office has issued a decision denying a bid protest filed by Curtin Maritime of Long Beach, California.
According to the GAO, Curtin Maritime "protests the terms of request for proposals (RFP) No. N32205-19-R-3300, issued by the Department of the Navy, Military Sealift Command (MSC), for a U.S. flag tug vessel. The protester contends that the solicitation's evaluation criteria violate the domestic shipyard preference set forth in Defense Federal Acquisition Regulation Supplement (DFARS) provision 252.247-7026."
The bid protest decision (B-417175.2)was issued on March 29, 2019 (https://www.gao.gov/products/B-417175.2).
In its findings, the GAO said: "Protest alleging that the domestic shipyard preference set forth in Defense Federal Acquisition Regulation Supplement (DFARS) provision 252.247-7026 requires the agency to afford a preference to offerors that exclusively use domestic shipyards to perform overhaul, repair, and maintenance for qualifying vessels is denied where the plain language of the DFARS provision and its enabling legislation require only that an agency consider, as one of many evaluation factors, the extent to which an offeror has performed such work in domestic shipyards."
The participants in the case included: Marley Schroepfer, Curtin Maritime, for the protester. Ann Calabrese, Allison McDade, and Schuyler Lystad, Department of the Navy, for the agency. Elizabeth Witwer, and Jennifer D. Westfall-McGrail, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Redhorse Corp. San Diego, California
WASHINGTON, March 29 -- The Government Accountability Office has issued a decision denying a bid protest filed by Redhorse Corp. San Diego, California.
According to the GAO, Redhorse Corp. "protests the establishment of a blanket purchase agreement (BPA) with Boston Government Services, LLC (BGS), of Lenoir City, Tennessee, under request for quotations (RFQ) No. 89243418QEE000007, issued by the Department of Energy for mission-oriented technical support services. Redhorse alleges that the agency's source selection decision was unreasonable."
The bid protest decision (B-417268) was issued on March
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WASHINGTON, March 29 -- The Government Accountability Office has issued a decision denying a bid protest filed by Redhorse Corp. San Diego, California.
According to the GAO, Redhorse Corp. "protests the establishment of a blanket purchase agreement (BPA) with Boston Government Services, LLC (BGS), of Lenoir City, Tennessee, under request for quotations (RFQ) No. 89243418QEE000007, issued by the Department of Energy for mission-oriented technical support services. Redhorse alleges that the agency's source selection decision was unreasonable."
The bid protest decision (B-417268) was issued on March21, 2019 (https://www.gao.gov/products/B-417268).
In its findings, the GAO said: "Protest is denied where the record shows that the agency's best-value tradeoff analysis was reasonable and consistent with the evaluation criteria."
The participants in the case included: Richard B. Oliver, and J. Matthew Carter, Pillsbury Winthrop Shaw Pittman, for the protester. Anuj Vohra, and Christian N. Curran, Crowell & Moring, for Boston Government Services, the intervenor. Stephanie B. Young, Christie M. Alvarez, and Adam DeDent, Department of Energy, for the agency. Todd C. Culliton, and Tania Calhoun, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Sustains Protest by BCW Group of Durant, Oklahoma
WASHINGTON, March 29 -- The Government Accountability Office has issued a decision sustaining a bid protest filed by BCW Group of Durant, Oklahoma.
According to the GAO, BCW Group "protests the issuance of a purchase order to ODIN Solutions International, Inc., a small Indian economic enterprise of San Diego, California, under solicitation No. 140A1619Q0026, issued by the Department of the Interior, Bureau of Indian Affairs, for a brand name or equal commercial item known as Promethean ActivPanels. BCW asserts that it submitted the lowest price, and therefore should have been issued the purchase
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WASHINGTON, March 29 -- The Government Accountability Office has issued a decision sustaining a bid protest filed by BCW Group of Durant, Oklahoma.
According to the GAO, BCW Group "protests the issuance of a purchase order to ODIN Solutions International, Inc., a small Indian economic enterprise of San Diego, California, under solicitation No. 140A1619Q0026, issued by the Department of the Interior, Bureau of Indian Affairs, for a brand name or equal commercial item known as Promethean ActivPanels. BCW asserts that it submitted the lowest price, and therefore should have been issued the purchaseorder."
The bid protest decision (B-417209,B-417209.2,B-417209.3,B-417209.4) was issued on March 27, 2019 (https://www.gao.gov/products/B-417209,B-417209.2,B-417209.3,B-417209.4).
In its findings, the GAO said: "Protest is sustained where procurement was conducted using FedBid reverse auction procedures and agency failed to consider that protester, which submitted the lowest price, timely indicated its price included maintenance in response to a FedBid validation request."
The participants in the case included: Shane Cessnun, for the protester.
James L. Weiner, Department of the Interior, for the agency. Mary G. Curcio, and Laura Eyester, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Sustains Protest by Cognosante MVH of Falls Church, Virginia
WASHINGTON, March 26 -- The Government Accountability Office has issued a decision sustaining a bid protest filed by Cognosante MVH of Falls Church, Virginia.
According to the GAO, Cognosante MVH "protests the issuance of task order No. TAC-18-50649 to Booz Allen Hamilton (BAH), of Red Bank, New Jersey, by the Department of Veterans Affairs (VA), for information technology (IT) operations and services and remediation support services. The protester alleges that the agency failed to evaluate final prices for reasonableness, improperly awarded BAH a strength under the technical factor, evaluated
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WASHINGTON, March 26 -- The Government Accountability Office has issued a decision sustaining a bid protest filed by Cognosante MVH of Falls Church, Virginia.
According to the GAO, Cognosante MVH "protests the issuance of task order No. TAC-18-50649 to Booz Allen Hamilton (BAH), of Red Bank, New Jersey, by the Department of Veterans Affairs (VA), for information technology (IT) operations and services and remediation support services. The protester alleges that the agency failed to evaluate final prices for reasonableness, improperly awarded BAH a strength under the technical factor, evaluatedofferors' technical proposals disparately, and failed to evaluate the fixed-price portion of BAH's proposal for technical risk."
The bid protest decision (B-417111,B-417111.3,B-417111.4) was issued on February 21, 2019 (https://www.gao.gov/products/B-417111,B-417111.3,B-417111.4).
In its findings, the GAO said: "1. Protest challenging the agency's price reasonableness evaluation is sustained, where the record does not demonstrate that the agency evaluated final prices for reasonableness.
2. Protest challenging the agency's award of a strength is sustained, where the strength did not reasonably relate to the elements described in the solicitation.
3. Protest alleging that the agency conducted an unequal evaluation is sustained, where the agency evaluated proposals using differing levels of scrutiny.
4. Protest alleging that the agency engaged in disparate treatment by failing to award strengths to offerors equally for similar aspects of their proposals is denied, where there were substantive differences between the proposals that did not warrant assigning the same strength.
5. Protest alleging that the agency failed to evaluate the risk posed by the awardee's lower labor hours under the fixed-price portion of the solicitation is denied, where the solicitation did not require such an evaluation."
The participants in the case included: C. Joel Van Over, Alexander Ginsberg, Meghan Doherty, and Kevin Massoudi, Pillsbury Winthrop Shaw Pittman, for the protester. Marcia G. Madsen, David F. Dowd, Roger V. Abbott, and Luke Levasseur, Mayer Brown, for Booz Allen Hamilton, the intervenor. Frank V. DiNicola, Tara T. Nash, and Desiree A. DiCorcia, Department of Veterans Affairs, for the agency. Stephanie B. Magnell, and Amy B. Pereira, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Dismisses Protest by Rex Systems of Chippewa Falls, Wisconsin
WASHINGTON, March 26 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by Rex Systems of Chippewa Falls, Wisconsin.
According to the GAO, Rex Systems "protests the issuance of a purchase order to White Aero, Inc., of Santa Clarita, California, under request for quotations (RFQ) No. SPE7M5-18-T-08X2, issued by the Defense Logistics Agency (DLA) for the provision of three radio frequency coils. The protester contends that the agency erred in issuing the purchase order, because White's quotation was based on providing surplus equipment, and the solicitation
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WASHINGTON, March 26 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by Rex Systems of Chippewa Falls, Wisconsin.
According to the GAO, Rex Systems "protests the issuance of a purchase order to White Aero, Inc., of Santa Clarita, California, under request for quotations (RFQ) No. SPE7M5-18-T-08X2, issued by the Defense Logistics Agency (DLA) for the provision of three radio frequency coils. The protester contends that the agency erred in issuing the purchase order, because White's quotation was based on providing surplus equipment, and the solicitationdid not permit vendors to quote such equipment."
The bid protest decision (B-417294) was issued on March 22, 2019 (https://www.gao.gov/products/B-417294).
In its findings, the GAO said: "Protest challenging the issuance of a purchase order to a vendor based on its quotation of unused former government surplus property is dismissed where the solicitation permitted the quotation of such property."
The participants in the case included: Julie M. Nichols, Roeder, Cochran, Phillips, for the protester. Christine T. Roark, Defense Logistics Agency, for the agency. Alexander O. Levine, and Jennifer D. Westfall-McGrail, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by YWCA of Greater Los Angeles, California
WASHINGTON, March 26 -- The Government Accountability Office has issued a decision denying a bid protest filed by YWCA of Greater Los Angeles, California.
According to the GAO, YWCA of Greater Los Angeles "protests the award of a contract to Management & Training Corporation (MTC), of Centerville, Utah, under request for proposals (RFP) No. DOL-ETA-16-R-00007, by the Department of Labor (DOL), for the operation of the Los Angeles Job Corps Center. The protester challenges almost every aspect of the evaluation and award decision."
The bid protest decision (B-414596.7,B-414596.8) was issued on
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WASHINGTON, March 26 -- The Government Accountability Office has issued a decision denying a bid protest filed by YWCA of Greater Los Angeles, California.
According to the GAO, YWCA of Greater Los Angeles "protests the award of a contract to Management & Training Corporation (MTC), of Centerville, Utah, under request for proposals (RFP) No. DOL-ETA-16-R-00007, by the Department of Labor (DOL), for the operation of the Los Angeles Job Corps Center. The protester challenges almost every aspect of the evaluation and award decision."
The bid protest decision (B-414596.7,B-414596.8) was issued onMarch 11, 2019 (https://www.gao.gov/products/B-414596.7,B-414596.8).
In its findings, the GAO said: "1. Protest challenging agency's evaluation of awardee's technical proposal and relevant experience is denied where the evaluation was reasonable and consistent with the solicitation's evaluation criteria.
2. Protest alleging misleading discussions and challenging the agency's cost realism evaluation is denied where, notwithstanding apparent errors, the protester failed to demonstrate competitive prejudice."
The participants in the case included: Amy Laderberg O'Sullivan, Monica R. Sterling, Rosamond Z. Xiang, and James G. Peyster, Crowell & Moring, for the protester. Alex P. Hontos, Daniel Falknor, and Phil Steger, Dorsey & Whitney, for Management & Training Corporation, the intervenor. Jose Otero, Alison Spurlock, Dennis Adelson, David R. Koeppel, and Savannah L. Wilson, Department of Labor, for the agency. Stephanie B. Magnell, and Amy B. Pereira, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Decypher Technologies of San Antonio, Texas
WASHINGTON, March 26 -- The Government Accountability Office has issued a decision denying a bid protest filed by Decypher Technologies of San Antonio, Texas.
According to the GAO, Decypher Technologies "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-415716.15) was issued on January 9, 2019 (https://www.gao.gov/products/B-415716.15).
In its findings, the GAO said: "Protest challenging the agency's evaluation of protester's
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WASHINGTON, March 26 -- The Government Accountability Office has issued a decision denying a bid protest filed by Decypher Technologies of San Antonio, Texas.
According to the GAO, Decypher Technologies "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-415716.15) was issued on January 9, 2019 (https://www.gao.gov/products/B-415716.15).
In its findings, the GAO said: "Protest challenging the agency's evaluation of protester'sproposal under the technical experience evaluation factor is denied where the record shows that the evaluation was reasonable and consistent with the solicitation, and any errors in the agency's evaluation did not prejudice the protester."
The participants in the case included: Kristin E. Zachman, Johnathan M. Bailey, Bailey & Bailey, for the protester. Lt. Col. Ryan J. Lambrecht, Alexis J. Bernstein, 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 Protest by Decypher Technologies of San Antonio, Texas
WASHINGTON, March 26 -- The Government Accountability Office has issued a decision denying a bid protest filed by Decypher Technologies of San Antonio, Texas.
According to the GAO, Decypher Technologies "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-415716.15) was issued on January 9, 2019 (https://www.gao.gov/products/B-415716.15).
In its findings, the GAO said: "Protest challenging the agency's evaluation of protester's
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WASHINGTON, March 26 -- The Government Accountability Office has issued a decision denying a bid protest filed by Decypher Technologies of San Antonio, Texas.
According to the GAO, Decypher Technologies "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-415716.15) was issued on January 9, 2019 (https://www.gao.gov/products/B-415716.15).
In its findings, the GAO said: "Protest challenging the agency's evaluation of protester'sproposal under the technical experience evaluation factor is denied where the record shows that the evaluation was reasonable and consistent with the solicitation, and any errors in the agency's evaluation did not prejudice the protester."
The participants in the case included: Kristin E. Zachman, Johnathan M. Bailey, Bailey & Bailey, for the protester. Lt. Col. Ryan J. Lambrecht, Alexis J. Bernstein, 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 Protest by Decypher Technologies of San Antonio, Texas
WASHINGTON, March 26 -- The Government Accountability Office has issued a decision denying a bid protest filed by Decypher Technologies of San Antonio, Texas.
According to the GAO, Decypher Technologies "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-415716.15) was issued on January 9, 2019 (https://www.gao.gov/products/B-415716.15).
In its findings, the GAO said: "Protest challenging the agency's evaluation of protester's
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WASHINGTON, March 26 -- The Government Accountability Office has issued a decision denying a bid protest filed by Decypher Technologies of San Antonio, Texas.
According to the GAO, Decypher Technologies "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-415716.15) was issued on January 9, 2019 (https://www.gao.gov/products/B-415716.15).
In its findings, the GAO said: "Protest challenging the agency's evaluation of protester'sproposal under the technical experience evaluation factor is denied where the record shows that the evaluation was reasonable and consistent with the solicitation, and any errors in the agency's evaluation did not prejudice the protester."
The participants in the case included: Kristin E. Zachman, Johnathan M. Bailey, Bailey & Bailey, for the protester. Lt. Col. Ryan J. Lambrecht, Alexis J. Bernstein, 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 People, Technology & Processes of Tampa, Florida
WASHINGTON, March 23 -- The Government Accountability Office has issued a decision denying in part and dismissing in part a bid protest filed by People, Technology and Processes of Tampa, Florida.
According to the GAO, People, Technology & Processes "challenges the exclusion of its proposal from the competitive range under request for proposals (RFP) No. H92222-18-R-0012, issued by the United States Special Operations Command (USSOCOM) for intelligence support for the Joint Special Operations Task Force (JSOTF). The protester challenges the evaluation of its proposal under the key personnel subfactor
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WASHINGTON, March 23 -- The Government Accountability Office has issued a decision denying in part and dismissing in part a bid protest filed by People, Technology and Processes of Tampa, Florida.
According to the GAO, People, Technology & Processes "challenges the exclusion of its proposal from the competitive range under request for proposals (RFP) No. H92222-18-R-0012, issued by the United States Special Operations Command (USSOCOM) for intelligence support for the Joint Special Operations Task Force (JSOTF). The protester challenges the evaluation of its proposal under the key personnel subfactorand past performance factor, as well as its exclusion from the competitive range."
The bid protest decision (B-417208) was issued on March 21, 2019 (https://www.gao.gov/products/B-417208).
In its findings, the GAO said: "1. Protest that agency was required to seek clarification before excluding the protester's proposal from the competitive range is denied where such communications are discretionary.
2. Protest that the agency failed to disclose the relative weight of evaluation criteria is denied where the elements considered in determining the relevance of past experience of offerors' key personnel were not identified in the solicitation as evaluation factors or subfactors, nor did the agency treat them as such.
3. Protest challenging the agency's past performance evaluation and its competitive range determination is dismissed where the protester abandoned its substantive challenges to the agency's evaluation."
The participants in the case included: Victor L. Buonamia for the protester.
Alexis J. Bernstein, and Isabelle P. Cutting, Department of the Air Force, for the agency. Elizabeth Witwer, and Jennifer D. Westfall-McGrail, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Dismisses Protest by Quotient of Columbia, Maryland
WASHINGTON, March 22 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by Quotient of Columbia, Maryland.
According to the GAO, Quotient "protests the corrective action being taken by the Department of Education, National Assessment Governing Board (NAGB), in connection with the agency's procurement of various website services under request for quotations (RFQ) No. 91995918R0001. Quotient argues that the agency's corrective action is inadequate to address all aspects of earlier protests it filed with our Office, or is otherwise improper."
The bid protest
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WASHINGTON, March 22 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by Quotient of Columbia, Maryland.
According to the GAO, Quotient "protests the corrective action being taken by the Department of Education, National Assessment Governing Board (NAGB), in connection with the agency's procurement of various website services under request for quotations (RFQ) No. 91995918R0001. Quotient argues that the agency's corrective action is inadequate to address all aspects of earlier protests it filed with our Office, or is otherwise improper."
The bid protestdecision (B-416473.4,B-416473.5) was issued on March 12, 2019 (https://www.gao.gov/products/B-416473.4,B-416473.5).
In its findings, the GAO said: "1. Protest challenging the agency's corrective action in response to an earlier protest is dismissed where the corrective action rendered the earlier protest academic and where the challenge is otherwise premature.
2. Protest challenging an agency's decision, as part of corrective action, not to consider earlier clarification responses submitted by vendors is dismissed as untimely."
The participants in the case included: David A. Edelstein, and Allison Geewax, Asmar, Schor & McKenna, for the protester. Mark Motta, and Michael Taylor, Department of Education, for the agency. Louis A. Chiarella, and Peter H. Tran, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by ActioNet of Vienna, Virginia
WASHINGTON, March 22 -- The Government Accountability Office has issued a decision denying a bid protest filed by ActioNet of Vienna, Virginia.
According to the GAO, ActioNet "protests the issuance of a blanket purchase agreement against the Federal Supply Schedule to Accenture Federal Services, LLC, of Arlington, Virginia, under request for quotations (RFQ) No. DE-SOL-0008790, issued by the Department of Energy (DOE) for information technology (IT) services. ActioNet, the incumbent contractor, alleges that the agency unreasonably evaluated quotations and improperly made its source selection decision."
The
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WASHINGTON, March 22 -- The Government Accountability Office has issued a decision denying a bid protest filed by ActioNet of Vienna, Virginia.
According to the GAO, ActioNet "protests the issuance of a blanket purchase agreement against the Federal Supply Schedule to Accenture Federal Services, LLC, of Arlington, Virginia, under request for quotations (RFQ) No. DE-SOL-0008790, issued by the Department of Energy (DOE) for information technology (IT) services. ActioNet, the incumbent contractor, alleges that the agency unreasonably evaluated quotations and improperly made its source selection decision."
Thebid protest decision (B-417173,B-417173.2) was issued on March 5, 2019 (https://www.gao.gov/products/B-417173,B-417173.2).
In its findings, the GAO said: "Protest that the agency unreasonably evaluated the protester's quotation is denied where the record shows that the agency's evaluation was consistent with the solicitation and applicable procurement statutes and regulations."
The participants in the case included: Lawrence P. Block, Lawrence S. Sher, Holly Roth, Elizabeth Leavy, and Manasi Venkatesh, Reed Smith, for the protester. Amy L. O'Sullivan, Olivia L. Lynch, Puja Satiani, and Laura J. Mitchell Baker, Crowell & Moring, for Accenture Federal Services, the intervenor. Stephanie B. Young, H. Jack Shearer, and Kevin R. Hilferty, Department of Energy, for the agency. Todd C. Culliton, and Tania Calhoun, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies in Part Protest by MacAulay-Brown Inc. of Dayton, Ohio
WASHINGTON, March 21 -- The Government Accountability Office has issued a decision denying in part and dismissing in part a bid protest filed by MacAulay-Brown Inc. of Dayton, Ohio.
According to the GAO, MacAulay-Brown Inc. "protests the award of a contract to Parsons Government Services Inc., of Pasadena, California, under request for proposals (RFP) No. W52P1J-19-R-0014, issued by the Department of the Army, for defensive cyberspace operations mission planning. MacAulay contends that the Army misevaluated its proposal, failed to conduct a price realism analysis, made an irrational best-value
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WASHINGTON, March 21 -- The Government Accountability Office has issued a decision denying in part and dismissing in part a bid protest filed by MacAulay-Brown Inc. of Dayton, Ohio.
According to the GAO, MacAulay-Brown Inc. "protests the award of a contract to Parsons Government Services Inc., of Pasadena, California, under request for proposals (RFP) No. W52P1J-19-R-0014, issued by the Department of the Army, for defensive cyberspace operations mission planning. MacAulay contends that the Army misevaluated its proposal, failed to conduct a price realism analysis, made an irrational best-valuedetermination, and improperly used Federal Acquisition Regulation (FAR) subpart 13.5 procedures."
The bid protest decision (B-417159) was issued on March 13, 2019 (https://www.gao.gov/products/B-417159).
In its findings, the GAO said: "Protest that the agency improperly assessed a deficiency to the protester's proposal is denied, where the agency reasonably concluded that the proposal did not substantively address a solicitation requirement."
The participants in the case included: Jason A. Carey, J. Hunter Bennett, and Brooke G. Stanley, Covington & Burling, for the protester. Debra J. Talley, and Erica A. Harder Smith, Department of the Army, for the agency. Paula J. Haurilesko, and Laura Eyester, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Aviation Training Consulting of Altus, Oklahoma
WASHINGTON, March 20 -- The Government Accountability Office has issued a decision denying a bid protest filed by Aviation Training Consulting of Altus, Oklahoma.
According to the GAO, Aviation Training Consulting "protests the award of a contract to Avix-BGI Joint Venture, LLC (AB), of Yorktown, Virginia, under request for proposals (RFP) No. FA4890-18-R-0006, issued by the Department of the Air Force for aircrew training and courseware development services. ATC argues that the agency misevaluated proposals, failed to engage in discussions, and unreasonably made award to AB."
The bid protest
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WASHINGTON, March 20 -- The Government Accountability Office has issued a decision denying a bid protest filed by Aviation Training Consulting of Altus, Oklahoma.
According to the GAO, Aviation Training Consulting "protests the award of a contract to Avix-BGI Joint Venture, LLC (AB), of Yorktown, Virginia, under request for proposals (RFP) No. FA4890-18-R-0006, issued by the Department of the Air Force for aircrew training and courseware development services. ATC argues that the agency misevaluated proposals, failed to engage in discussions, and unreasonably made award to AB."
The bid protestdecision (B-417151,B-417151.2,B-417151.3) was issued on March 11, 2019 (https://www.gao.gov/products/B-417151,B-417151.2,B-417151.3).
In its findings, the GAO said: "1. Protest alleging that agency improperly awarded a contract to a concern owned by a federal government employee is denied where record shows individual in question is a state government employee, not a federal government employee.
2. Where solicitation contemplated award without discussions, there is no basis to object to an agency's award on the basis of initial proposals.
3. Protest challenging agency's evaluation of proposals is denied where record shows that agency's evaluation was reasonable and consistent with the terms of the solicitation and applicable statutes and regulations."
The participants in the case included: Matthew T. Schoonover, Shane J. McCall, Haley E. Claxton, and Robert D. Kampen, Koprince Law, for the protester. J. Bradley Reaves, and Beth V. McMahon, Reaves Coley, for Avix-BGI Joint Venture, an intervenor. Col. C. Taylor Smith, Lt. Col. Damund Williams, and Kevin P. Stiens, Department of the Air Force, for the agency. Scott H. Riback, and Tania Calhoun, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies in Part Protest by Analytical Solutions by Kline of Cleveland, Ohio
WASHINGTON, March 16 -- The Government Accountability Office has issued a decision denying in part and dismissing in part a bid protest filed by Analytical Solutions by Kline of Cleveland, Ohio.
According to the GAO, Analytical Solutions by Kline "protests the terms of request for proposals (RFP) No. 28321319R00000004, issued by the Social Security Administration (SSA) for information technology (IT) support services. ASK asserts that the terms of the RFP are overly restrictive of competition, and that the agency engaged in improper bundling of contract requirements."
The bid protest decision
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WASHINGTON, March 16 -- The Government Accountability Office has issued a decision denying in part and dismissing in part a bid protest filed by Analytical Solutions by Kline of Cleveland, Ohio.
According to the GAO, Analytical Solutions by Kline "protests the terms of request for proposals (RFP) No. 28321319R00000004, issued by the Social Security Administration (SSA) for information technology (IT) support services. ASK asserts that the terms of the RFP are overly restrictive of competition, and that the agency engaged in improper bundling of contract requirements."
The bid protest decision(B-417161,B-417161.2) was issued on March 12, 2019 (https://www.gao.gov/products/B-417161,B-417161.2).
In its findings, the GAO said: "1. Where a solicitation provides for two different types of certifications through which an offeror may meet a quality certification requirement, protest challenging only one type of certification as unduly restrictive of competition is dismissed.
2. Protest challenging solicitation as unduly restrictive because it requires offerors to demonstrate experience through contract references under which they have performed for two or more years is denied where the protester's argument is based on a misinterpretation of the solicitation.
3. Protest challenging a solicitation term as unduly restrictive where the term limits offerors to submitting only three contract references to show past performance is denied where the agency has shown a reasonable basis for this limitation.
4. Protest that the agency engaged in improper bundling of contract requirements is dismissed as untimely where the agency's intent to combine contract requirements was apparent from the terms of the solicitation and the protester failed to challenge this aspect of the solicitation until after the closing time for receipt of proposals."
The participants in the case included: Eric S. Crusius, Mitchell A. Bashur, and Amy L. Fuentes, Holland & Knight; and Cynthia Kline, Analytical Solutions by Kline, for the protester. Uri R. Ko, Ellen Rothschild, and Alice M. Somers, Social Security Administration, for the agency. John Sorrenti, and Christina Sklarew, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by ActioNet of Vienna, Virginia
WASHINGTON, March 13 -- The Government Accountability Office has issued a decision denying a bid protest filed by ActioNet of Vienna, Virginia.
According to the GAO, ActioNet "protests the corrective action taken by the Department of the Interior (DOI), Interior Business Center, Acquisition Services Directorate, in response to ActioNet's protest of DOI's issuance of a task order to ASRC Federal Data Network Technologies (AFDNT) of Beltsville, Maryland, under request for quotations (RFQ) No. 140D0418Q0172, for Defense Healthcare Management Systems sustainment and systems integration support services.
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WASHINGTON, March 13 -- The Government Accountability Office has issued a decision denying a bid protest filed by ActioNet of Vienna, Virginia.
According to the GAO, ActioNet "protests the corrective action taken by the Department of the Interior (DOI), Interior Business Center, Acquisition Services Directorate, in response to ActioNet's protest of DOI's issuance of a task order to ASRC Federal Data Network Technologies (AFDNT) of Beltsville, Maryland, under request for quotations (RFQ) No. 140D0418Q0172, for Defense Healthcare Management Systems sustainment and systems integration support services.ActioNet alleges that the agency's decision to allow offerors to update their quotations to substitute key personnel but not allow any other quotation revisions is unreasonable and constitutes unequal discussions."
The bid protest decision (B-416557.4) was issued on February 27, 2019 (https://www.gao.gov/products/B-416557.4).
In its findings, the GAO said: "In taking corrective action in response to bid protest, agency acted within its discretion to limit quotation revisions allowing offerors to update only key personnel where agency reasonably concluded that only this information was needed."
The participants in the case included: Gregory H. Petkoff, and Carla J. Weiss, Jenner & Block, for the protester. Damien C. Specht, Rachael K. Plymale, and R. Locke Bell, Morrison & Foerster, for the intervenor. William B. Blake, Department of the Interior, for the agency. John Sorrenti, and Christina Sklarew, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Dismisses Protest by Black & Veatch Special Projects of Overland Park, Kansas
WASHINGTON, March 13 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by Black and Veatch Special Projects of Overland Park, Kansas.
According to the GAO, Black & Veatch Special Projects "protests the issuance of a task order to Trigon Associates, LLC, a woman-owned small business of New Orleans, Louisiana, under solicitation No. 72044019R00002, issued by the United States Agency for International Development (USAID), for architectural and engineering (A&E) services to design and manage environmental remediation of dioxin contamination at the Bien Hoa
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WASHINGTON, March 13 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by Black and Veatch Special Projects of Overland Park, Kansas.
According to the GAO, Black & Veatch Special Projects "protests the issuance of a task order to Trigon Associates, LLC, a woman-owned small business of New Orleans, Louisiana, under solicitation No. 72044019R00002, issued by the United States Agency for International Development (USAID), for architectural and engineering (A&E) services to design and manage environmental remediation of dioxin contamination at the Bien HoaAirbase in Vietnam. The protester contends that the agency violated the fair opportunity procedures in the Federal Acquisition Regulation (FAR) and its A&E indefinite-delivery indefinite-quantity (IDIQ) contract by issuing the task order to Trigon, and that Trigon is incapable of performing the task order."
The bid protest decision (B-417166) was issued on March 5, 2019 (https://www.gao.gov/products/B-417166).
In its findings, the GAO said: "1. Protest that the agency violated the fair opportunity procedures in the Federal Acquisition Regulation and the protester's indefinite-delivery, indefinite-quantity contract by issuing a task order to a woman-owned small business without competition is dismissed as untimely where the contract unambiguously permits the agency to make a direct task order award to any category of small or small disadvantaged business as an exception to the fair opportunity process.
2. Protest challenging a woman-owned small business awardee's capability to perform is dismissed where the protester, an other-than-small business, is ineligible for the task order awarded using a small business exception to the fair opportunity procedures set forth in the protester's indefinite-delivery, indefinite-quantity contract, and therefore is not an interested party."
The participants in the case included: Timothy E. Heffernan, and Sarah K. Bloom, Watt Tieder Hoffar & Fitzgerald, for the protester. John B. Alumbaugh, United States Agency for International Development, for the agency. Charmaine A. Stevenson, and Laura Eyester, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Upholds Part of Bid Protest by AlliantCorps of San Antonio, Texas
WASHINGTON, March 13 -- The Government Accountability Office has issued a decision sustaining in part and denying in part a bid protest filed by AlliantCorps of San Antonio, Texas.
According to the GAO, AlliantCorps "protests the issuance of a task order to SBD Alliant, LLC, a small business located in Vienna, Virginia, under task order request (TOR) No. ID07180004, issued by the General Services Administration (GSA) for network sustainment and deployment support to the military health system both inside and outside the United States. The protester alleges that the agency unreasonably evaluated
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WASHINGTON, March 13 -- The Government Accountability Office has issued a decision sustaining in part and denying in part a bid protest filed by AlliantCorps of San Antonio, Texas.
According to the GAO, AlliantCorps "protests the issuance of a task order to SBD Alliant, LLC, a small business located in Vienna, Virginia, under task order request (TOR) No. ID07180004, issued by the General Services Administration (GSA) for network sustainment and deployment support to the military health system both inside and outside the United States. The protester alleges that the agency unreasonably evaluatedthe TOR responses."
The bid protest decision (B-417126,B-417126.3,B-417126.4) was issued on February 27, 2019 (https://www.gao.gov/products/B-417126,B-417126.3,B-417126.4).
In its findings, the GAO said: "1. Protest challenging agency's evaluation of awardee's past experience, for a contract awarded to a joint venture, is denied where the agency reasonably credited the work performed to a member of the joint venture.
2. Protest challenging agency's evaluation of awardee's past experience is sustained where the agency waived a material requirement without providing notice to all vendors, and such waiver resulted in competitive prejudice to the protester.
3. Protest challenging agency's technical evaluation of solicitation responses is denied where the agency evaluated vendors reasonably and in accordance with the evaluation scheme."
The participants in the case included: Jeffery M. Chiow, Lucas T. Hanback, Stephen L. Bacon, and Deborah N. Rodin, Rogers Joseph O'Donnell, for the protester. Richard J. Conway, and Michael Montalbano, Blank Rome, for SBD Alliant, the intervenor. Angelina Calloway, General Services Administration, for the agency. Alexander O. Levine, and Jennifer D. Westfall-McGrail, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Upholds Part of Bid Protest by Native Energy & Technology of San Antonio, Texas
WASHINGTON, March 9 -- The Government Accountability Office has issued a decision sustaining in part, denying in part and dismissing in part a bid protest filed by Native Energy and Technology of San Antonio, Texas.
According to the GAO, Native Energy & Technology "protests the award of a contract to EMCOR Government Services, of Arlington, Virginia, by the Department of Homeland Security, United States Customs and Border Protection (CBP), under request for proposals (RFP) No. 70B01C18R00000006, for maintenance and repair services. The protester argues that the agency unreasonably evaluated the
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WASHINGTON, March 9 -- The Government Accountability Office has issued a decision sustaining in part, denying in part and dismissing in part a bid protest filed by Native Energy and Technology of San Antonio, Texas.
According to the GAO, Native Energy & Technology "protests the award of a contract to EMCOR Government Services, of Arlington, Virginia, by the Department of Homeland Security, United States Customs and Border Protection (CBP), under request for proposals (RFP) No. 70B01C18R00000006, for maintenance and repair services. The protester argues that the agency unreasonably evaluated theofferors' technical proposals, unreasonably evaluated the awardee's past performance, and made an unreasonable award decision."
The bid protest decision (B-416783,B-416783.2,B-416783.3,B-416783.4) was issued on December 13, 2018 (https://www.gao.gov/products/B-416783,B-416783.2,B-416783.3,B-416783.4).
In its findings, the GAO said: "1. Protest challenging the evaluation of the awardee's technical proposal is sustained where the agency assigned strengths for features that were not included in the awardee's proposal, and were instead features that the agency inferred or assumed the awardee would provide based on its performance of the incumbent contract.
2. Protest challenging the evaluation of the protester's technical proposal is dismissed where the protester's initial arguments were abandoned in its comments on the agency report and where newly-raised arguments are untimely, and denied where the protester's general arguments do not establish that the evaluation was unreasonable.
3. Protest challenging the evaluation of the awardee's past performance is denied where the record shows that the agency reasonably considered both the awardee's performance problems as well as the awardee's satisfactory resolution of those problems.
4. Protest challenging the award decision is denied with regard to the protester's argument that the source selection authority did not personally review the offerors' proposals, but is sustained with regard to the protester's argument that the errors in the evaluation of the awardee's technical proposal render the award decision unreasonable."
The participants in the case included: John C. Dulske, and Bryan L. Kost, Dykema Cox Smith, for the protester. Kenneth B. Weckstein, and Shlomo D. Katz, Brown Rudnick, for EMCOR Government Services, the intervenor. Kimberly L. Cohen, Department of Homeland Security, for the agency. Jonathan L. Kang, and Laura Eyester, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Graham Technologies of Largo, Maryland
WASHINGTON, March 7 -- The Government Accountability Office has issued a decision denying a bid protest filed by Graham Technologies of Largo, Maryland.
According to the GAO, Graham Technologies "protests the Department of Health and Human Services, National Institutes of Health (NIH)'s exclusion of the protester's proposal from further consideration under request for proposals (RFP) No. NIHJT2016015, for information technology (IT) supplies and services. The protester argues that the agency's exclusion of its proposal was unreasonable because it complied with the solicitation's instructions."
The
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WASHINGTON, March 7 -- The Government Accountability Office has issued a decision denying a bid protest filed by Graham Technologies of Largo, Maryland.
According to the GAO, Graham Technologies "protests the Department of Health and Human Services, National Institutes of Health (NIH)'s exclusion of the protester's proposal from further consideration under request for proposals (RFP) No. NIHJT2016015, for information technology (IT) supplies and services. The protester argues that the agency's exclusion of its proposal was unreasonable because it complied with the solicitation's instructions."
Thebid protest decision (B-413104.25) was issued on February 25, 2019 (https://www.gao.gov/products/B-413104.25).
In its findings, the GAO said: "Protest challenging elimination from competition is denied where agency reasonably found the protester's proposal failed to comply with the solicitation's specific instructions for providing verification of an adequate cost accounting system."
The participants in the case included: Eden Brown Gaines, Brown Gaines, for the protester. Christine Simpson, Department of Health and Humans Services, for the agency. Young H. Cho, and Peter H. Tran, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Lawton-Penna Joint Venture of Dallas, Texas
WASHINGTON, March 7 -- The Government Accountability Office has issued a decision denying a bid protest filed by Lawton-Penna Joint Venture of Dallas, Texas.
According to the GAO, Lawton-Penna Joint Venture "protests the decision of the Department of the Army, Army Corps of Engineers, to rescind its letter requesting LPJV to submit a proposal in response to request for proposals No. W9126G18R0379, for gate repair services at Sommerville, Lake. LPJV asserts that the agency acted in bad faith and failed to follow applicable procurement regulations concerning the Small Business Administration's (SBA)
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WASHINGTON, March 7 -- The Government Accountability Office has issued a decision denying a bid protest filed by Lawton-Penna Joint Venture of Dallas, Texas.
According to the GAO, Lawton-Penna Joint Venture "protests the decision of the Department of the Army, Army Corps of Engineers, to rescind its letter requesting LPJV to submit a proposal in response to request for proposals No. W9126G18R0379, for gate repair services at Sommerville, Lake. LPJV asserts that the agency acted in bad faith and failed to follow applicable procurement regulations concerning the Small Business Administration's (SBA)8(a) program."
The bid protest decision (B-416848) was issued on November 15, 2018 (https://www.gao.gov/products/B-416848).
In its findings, the GAO said: "1.Protest that agency conducting procurement using sole-source authority of the Small Business Administration (SBA) 8(a) program was motivated by bad faith to rescind letter requesting protester to submit a proposal is denied where record demonstrates that letter was sent to protester in error.
2.Under sole-source authority of the SBA's 8(a) program, a contracting agency is authorized to nominate the 8(a) participant it desires to perform the contract."
The participants in the case included: Sean D. Forbes, and Bryant S. Banes, Neel, Hooper & Banes, for the protester. Thomas J. Warren, and Blake M. Hedgecock, Department of the Army, and John Klein, and Sam Q. Le, Small Business Administraton, for the agencies. Mary G. Curcio, and Laura Eyester, Office of the General Counsel, GAO, participated in the preparation of the decision. Sean D. Forbes, Neel, Hooper & Banes, for the protester.
GAO Denies in Part Protest by Dfuse Technologies of Ashburn, Virginia
WASHINGTON, March 6 -- The Government Accountability Office has issued a decision denying in part and dismissig in part a bid protest filed by Dfuse Technologies of Ashburn, Virginia.
According to the GAO, Dfuse Technologies "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-415716.19) was issued on March 4, 2019 (https://www.gao.gov/products/B-415716.19).
In its findings, the GAO said: "Protest challenging the agency's evaluation
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WASHINGTON, March 6 -- The Government Accountability Office has issued a decision denying in part and dismissig in part a bid protest filed by Dfuse Technologies of Ashburn, Virginia.
According to the GAO, Dfuse Technologies "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-415716.19) was issued on March 4, 2019 (https://www.gao.gov/products/B-415716.19).
In its findings, the GAO said: "Protest challenging the agency's evaluationof protester's technical proposal is denied where the record shows that the evaluation was reasonable and consistent with the solicitation."
The participants in the case included: Sandeep Suri, Dfuse Technologies for the protester. Alexis J. Bernstein, Lieutenant Colonel Kevin P. Stiens, and Rachell J. Reilly, 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 Protest by STAcqMe of Goodyear, Arizona
WASHINGTON, March 6 -- The Government Accountability Office has issued a decision denying a bid protest filed by STAcqMe of Goodyear, Arizona.
According to the GAO, STAcqMe "protests the award of a contract to Crew Training International, Inc. (CTI) under request for proposals (RFP) No. FA4890-8-R-0001, issued by the Department of the Air Force for contract aircrew training and courseware development (CAT/CWD) services. STAcqMe challenges the agency's evaluation of CTI's proposal under the past performance factor."
The bid protest decision (B-417128) was issued on February 25, 2019 (https://www.gao.gov/products/B-417128).
In
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WASHINGTON, March 6 -- The Government Accountability Office has issued a decision denying a bid protest filed by STAcqMe of Goodyear, Arizona.
According to the GAO, STAcqMe "protests the award of a contract to Crew Training International, Inc. (CTI) under request for proposals (RFP) No. FA4890-8-R-0001, issued by the Department of the Air Force for contract aircrew training and courseware development (CAT/CWD) services. STAcqMe challenges the agency's evaluation of CTI's proposal under the past performance factor."
The bid protest decision (B-417128) was issued on February 25, 2019 (https://www.gao.gov/products/B-417128).
Inits findings, the GAO said: "Protest challenging the agency's evaluation of awardee's proposal under the past performance evaluation factor is denied where the record shows that the evaluation was reasonable and consistent with the solicitation's stated evaluation criteria when information requirements provided in the solicitation's proposal preparation instructions are not evaluation criteria and do not establish minimum evaluation standards."
The participants in the case included: Brett W. Johnson, Colin P. Ahler, and Derek Flint, Snell & Wilmer, for the protester. J. Bradley Reaves, and Beth C. McMahon, ReavesColey, for Crew Training International, the intervenor. Col. C. Taylor Smith, Alexis J. Bernstein, Captain Jacquelyn C. Fiorello, and Kevin P. Stiens, 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 Tridentis of Alexandria, Virginia
WASHINGTON, March 6 -- The Government Accountability Office has issued a decision denying a bid protest filed by Tridentis of Alexandria, Virginia.
According to the GAO, Tridentis "protests the issuance of a task order to Tech-Marine Business, Inc. (TMB), a small business concern of Washington, D.C., under request for proposals (RFP) No. N00164-17-R-3039, issued by the Department of the Navy, Naval Surface Warfare Center, for professional support services to assist the Amphibious Warfare Program Office. The protester challenges the agency's cost, past performance, and technical evaluations, as
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WASHINGTON, March 6 -- The Government Accountability Office has issued a decision denying a bid protest filed by Tridentis of Alexandria, Virginia.
According to the GAO, Tridentis "protests the issuance of a task order to Tech-Marine Business, Inc. (TMB), a small business concern of Washington, D.C., under request for proposals (RFP) No. N00164-17-R-3039, issued by the Department of the Navy, Naval Surface Warfare Center, for professional support services to assist the Amphibious Warfare Program Office. The protester challenges the agency's cost, past performance, and technical evaluations, aswell as the agency's best-value tradeoff determination."
The bid protest decision (B-417096,B-417096.2,B-417096.3,B-417096.4) was issued on February 11, 2019 (https://www.gao.gov/products/B-417096,B-417096.2,B-417096.3,B-417096.4).
In its findings, the GAO said: "Protest challenging the agency's evaluation of proposals is denied where the agency's evaluation was reasonable and consistent with the terms of the solicitation."
The participants in the case included: Alexander B. Ginsberg, Meghan Doherty, Robert Starling, and Kevin R. Massoudi, Pillsbury Winthrop Shaw Pittman, for the protester. John R. Tolle, and H. Todd Whay, Baker, Cronogue, Tolle & Werfel, for Tech-Marine Business, the intervenor. Jeanne P. Ockerman, Mayankkumar Dixit, William Longwell, and Lana Obert, Department of the Navy, for the agency. Elizabeth Witwer, and Jennifer D. Westfall-McGrail, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Dismisses Protest by Adams & Associates of Reno, Nevada
WASHINGTON, March 6 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by Adams and Associates of Reno, Nevada.
According to the GAO, Adams & Associates "protests the decision of the Department of Labor (DOL) to obtain services for the operation of the Woodstock Job Corps Center and Career Transition Services in Woodstock, Maryland, under a multiple award, indefinite-delivery, indefinite-quantity (IDIQ) contract. Adams, the incumbent contractor for the services at issue, asserts that the proposed task order is beyond the scope of the underlying IDIQ contract.
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WASHINGTON, March 6 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by Adams and Associates of Reno, Nevada.
According to the GAO, Adams & Associates "protests the decision of the Department of Labor (DOL) to obtain services for the operation of the Woodstock Job Corps Center and Career Transition Services in Woodstock, Maryland, under a multiple award, indefinite-delivery, indefinite-quantity (IDIQ) contract. Adams, the incumbent contractor for the services at issue, asserts that the proposed task order is beyond the scope of the underlying IDIQ contract.The protester also alleges that DOL's selection of the specific IDIQ contract is tainted by bad faith because DOL selected the contract vehicle because Adams is ineligible to compete for the task order."
The bid protest decision (B-417249) was issued on February 26, 2019 (https://www.gao.gov/products/B-417249).
In its findings, the GAO said: "1. Protest alleging that a proposed task order is outside of the scope of the underlying indefinite-delivery, indefinite-quantity (IDIQ) contract is dismissed where the protester effectively challenges the agency's decision not to exercise an available option on its incumbent contract, and therefore raises a matter of contract administration not for our consideration as part of our bid protest function.
2. Protest alleging that the agency's selection of a contract vehicle was made in bad faith is dismissed because the protester's allegation involves the proposed award of a task order valued at less than $10 million, and therefore the protest is outside of our Office's jurisdiction to consider protests of the award or proposed award of a task order under an IDIQ contract."
The participants in the case included: Katie A. Calogero, Anne B. Perry, and Ariel E. Debin, Sheppard, Mullin, Richter & Hampton, for the protester. Jose Otero, and Dennis A. Adelson, Department of Labor, for the agency. Evan D. Wesser, and Edward Goldstein, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by AAR Integrated Technologies of Huntsville, Alabama, VT Miltope of Hope Hull, Alabama
WASHINGTON, March 1 -- The Government Accountability Office has issued a decision denying a bid protest filed by AAR Integrated Technologies of Huntsville, Alabama, and VT Miltope of Hope Hull, Alabama.
According to the GAO, AAR Integrated Technologies and VT Miltope "protest the award of a contract to Leonardo DRS, of Arlington, Virginia, under request for proposals (RFP) No. W31P4Q-18-R-0093, issued by the Department of the Army, Army Materiel Command, for multi-purpose maintenance support devices. AAR and Miltope contend that the agency failed to test their samples in accordance with the solicitation.
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WASHINGTON, March 1 -- The Government Accountability Office has issued a decision denying a bid protest filed by AAR Integrated Technologies of Huntsville, Alabama, and VT Miltope of Hope Hull, Alabama.
According to the GAO, AAR Integrated Technologies and VT Miltope "protest the award of a contract to Leonardo DRS, of Arlington, Virginia, under request for proposals (RFP) No. W31P4Q-18-R-0093, issued by the Department of the Army, Army Materiel Command, for multi-purpose maintenance support devices. AAR and Miltope contend that the agency failed to test their samples in accordance with the solicitation.The protesters also challenge the agency's evaluation of the offerors' technical proposals."
The bid protest decision (B-417092,B-417092.2,B-417092.3,B-417092.4) was issued on February 13, 2019 (https://www.gao.gov/products/B-417092,B-417092.2,B-417092.3,B-417092.4).
In its findings, the GAO said: "1. Protests that the agency failed to properly evaluate technical proposals are denied where the record shows the agency reasonably evaluated proposals in accordance with the terms of the solicitation.
2. Protest that agency should have found awardee's proposal technically unacceptable is denied where, although the agency effectively waived a solicitation requirement, the protester does not demonstrate that it was prejudiced by the waiver."
The participants in the case included: Paul R. Hurst, Michael J. Navarre, and Caitlin Conroy, Steptoe & Johnson, for AAR Integrated Technologies; and Howard J. Stanislawski, and Patrick K. O'Keefe, Sidley Austin, for VT Miltope, the protesters. W. Jay DeVecchio, Kevin P. Mullen, Rachael K. Plymale, and Caitlin A. Crujido, Morrison & Foerster, for Leonardo DRS, the intervenor. Wade L. Brown, David C. Sabine, Brian Vallone-Wells, and Benjamin Jarrell, Department of the Army, for the agency. Heather Weiner, and Jennifer D. Westfall-McGrail, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Upholds Part of Bid Protest by OGSystems of Chantilly, Virginia
WASHINGTON, Feb. 27 -- The Government Accountability Office has issued a decision sustaining in part and denying in part a bid protest filed by OGSystems of Chantilly, Virginia.
According to the GAO, OGSystems "protests the issuance of a task order to Higgins, Hermansen, Banikas, LLC (HHB), of Springfield, Virginia, by the National Geospatial-Intelligence Agency (NGA), under fair opportunity proposal request (FOPR) No. HM0476-18-D-0004, to support the agency's Security and Installation Office (SIO). The protester argues that the agency unreasonably evaluated the awardee's technical proposal, the
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WASHINGTON, Feb. 27 -- The Government Accountability Office has issued a decision sustaining in part and denying in part a bid protest filed by OGSystems of Chantilly, Virginia.
According to the GAO, OGSystems "protests the issuance of a task order to Higgins, Hermansen, Banikas, LLC (HHB), of Springfield, Virginia, by the National Geospatial-Intelligence Agency (NGA), under fair opportunity proposal request (FOPR) No. HM0476-18-D-0004, to support the agency's Security and Installation Office (SIO). The protester argues that the agency unreasonably evaluated the awardee's technical proposal, theawardee took exception to the requirement to propose a fixed price, the awardee engaged in an improper bait and switch scheme regarding its proposed personnel, and the award decision was unreasonable."
The bid protest decision (B-417026,B-417026.2,B-417026.3,B-417026.4) was issued on January 22, 2019 (https://www.gao.gov/products/B-417026,B-417026.2,B-417026.3,B-417026.4).
In its findings, the GAO said: "1.Protest challenging the evaluation of the awardee's technical proposal is sustained where the agency did not adequately document its basis for concluding that the risks assigned to the awardee's proposal were resolved and where the record does not support other aspects of the evaluation.
2.Protest alleging that the awardee's proposal took exception to the requirement to propose a fixed price is denied where the assumptions set forth in the awardee's price proposal do not improperly condition its commitment to perform at a fixed price.
3.Protest that the awardee engaged in an improper bait and switch scheme is denied where the record does not show that the awardee misrepresented its intention to provide personnel identified in its proposal.
4.Protest challenging agency's the tradeoff decision is sustained where the agency did not adequately explain why it concluded that the awardee's lower-rated proposal would be able to provide the same level of benefits as the protester's higher-rated proposal."
The participants in the case included: Cameron Hamrick, C. Peter Dungan, Jason A. Blindauer, and Christopher S. Denny, Miles & Stockbridge, for the protester. Peter B. Ford, Julia Di Vito, Timothy F. Valley, and Meghan F. Leemon, Piliero Mazza, for Higgins, Hermansen, Banikas, the intervenor. Kenneth W. Sachs, National Geospatial-Intelligence Agency, for the agency.
Jonathan L. Kang, and Laura Eyester, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Upholds Part of Bid Protest by Hope Village Inc. of Washington, D.C.
WASHINGTON, Feb. 27 -- The Government Accountability Office has issued a decision sustaining in part and denying in part a bid protest filed by Hope Village Inc. of Washington, D.C.
According to the GAO, Hope Village Inc. "protests the award of a contract to CORE DC, LLC, of Washington, DC, under request for proposals (RFP) No. RFP-200-1270-ES, issued by the Department of Justice, Bureau of Prisons (BOP), for residential re-entry center (RRC) and home confinement services. The protester, which is the incumbent contractor for the requirement, challenges the evaluation of the proposals, conduct
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WASHINGTON, Feb. 27 -- The Government Accountability Office has issued a decision sustaining in part and denying in part a bid protest filed by Hope Village Inc. of Washington, D.C.
According to the GAO, Hope Village Inc. "protests the award of a contract to CORE DC, LLC, of Washington, DC, under request for proposals (RFP) No. RFP-200-1270-ES, issued by the Department of Justice, Bureau of Prisons (BOP), for residential re-entry center (RRC) and home confinement services. The protester, which is the incumbent contractor for the requirement, challenges the evaluation of the proposals, conductof discussions, source selection decision, and the agency's responsibility determination."
The bid protest decision (B-414342.2,B-414342.3,B-414342.4) was issued on February 21, 2019 (https://www.gao.gov/products/B-414342.2,B-414342.3,B-414342.4).
In its findings, the GAO said: "1.Protest challenging agency's evaluation of protester's proposal as unacceptable under technical/management factor and conduct of discussions is denied where the record provides no basis on which to conclude that discussions were not meaningful and where the evaluation was reasonable and consistent with the terms of the solicitation.
2.Protest arguing awardee failed to provide sufficient proof of right to use the proposed facility as required by the solicitation is sustained where the awardee provided a letter of intent, which was not listed as a form of acceptable evidence of right to use, and the record contains no indication that the agency assessed the validity of the offeror's right to use as required by the solicitation."
The participants in the case included: Christopher R. Yukins, Kristen E. Ittig, Michael E. Samuels, Arnold & Porter Kaye Scholer, for the protester. Jonathan D. Shaffer, Mary Pat Buckenmeyer, and Zachary D. Prince, Smith Pachter McWhorter PLC, for CORE DC, an intervenor. William Robinson, Catherine Scott, and Nihar Vora, Department of Justice, for the agency. Young H. Cho, and Christina Sklarew, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Upholds Part of Bid Protest by Apogee Engineering of Colorado Springs, Colorado
WASHINGTON, Feb. 27 -- The Government Accountability Office has issued a decision sustaining in part and denying in part a bid protest filed by Apogee Engineering of Colorado Springs, Colorado.
According to the GAO, Apogee Engineering "protests the award of a contract to Countermeasures Assessment and Security Experts (CASE), LLC, of New Castle, Delaware, under request for proposals (RFP) No. DTOS5916R00023, issued by the Department of Transportation (DOT), Office of the Secretary of Transportation (OST), for support services. Apogee, the incumbent contractor, argues that the agency unreasonably
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WASHINGTON, Feb. 27 -- The Government Accountability Office has issued a decision sustaining in part and denying in part a bid protest filed by Apogee Engineering of Colorado Springs, Colorado.
According to the GAO, Apogee Engineering "protests the award of a contract to Countermeasures Assessment and Security Experts (CASE), LLC, of New Castle, Delaware, under request for proposals (RFP) No. DTOS5916R00023, issued by the Department of Transportation (DOT), Office of the Secretary of Transportation (OST), for support services. Apogee, the incumbent contractor, argues that the agency unreasonablyevaluated the awardee's proposal under the technical and past performance factors, failed to perform a reasonable price realism analysis, and made an unreasonable source selection decision."
The bid protest decision (B-414829.2,B-414829.3) was issued on February 21, 2019 (https://www.gao.gov/products/B-414829.2,B-414829.3).
In its findings, the GAO said: "1.Protest challenging the agency's evaluation of the awardee's non-price proposal is denied where the record shows that evaluation was reasonable and consistent with the terms of the solicitation; however, allegation that the agency's price realism analysis was unreasonable is sustained where the record does not show that the agency considered the awardee's lower pricing in the context of the firm's technical approach.
2.Protest challenging the agency's selection decision is sustained where the record shows that the source selection authority found the proposals technically equal by simply comparing adjectival ratings without qualitatively assessing the underlying merits of the technical proposals."
The participants in the case included: Peter B. Ford, Jacqueline K. Unger, Meghan F. Leemon, and Emily J. Rouleau, Piliero Mazza, for the protester.
Laura Wainwright, Department of Transportation, for the agency. Joshua R. Gillerman, and Tania Calhoun, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Mission1st Group of Arlington, Virginia
WASHINGTON, Feb. 27 -- The Government Accountability Office has issued a decision denying a bid protest filed by Mission1st Group of Arlington, Virginia.
According to the GAO, Mission1st Group "protests its non-selection for award pursuant to request for proposals (RFP) No. W15P7T-15-R-0008, issued by the Department of the Army, U.S. Army Materiel Command, for knowledge based services to support the Army and other federal government agencies. The protester alleges that the agency failed to conduct an evaluation of Mission1st's cost proposal, as required by the Federal Acquisition Regulation (FAR),
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WASHINGTON, Feb. 27 -- The Government Accountability Office has issued a decision denying a bid protest filed by Mission1st Group of Arlington, Virginia.
According to the GAO, Mission1st Group "protests its non-selection for award pursuant to request for proposals (RFP) No. W15P7T-15-R-0008, issued by the Department of the Army, U.S. Army Materiel Command, for knowledge based services to support the Army and other federal government agencies. The protester alleges that the agency failed to conduct an evaluation of Mission1st's cost proposal, as required by the Federal Acquisition Regulation (FAR),and the terms of the solicitation. Mission1st also asserts that the Army should have requested clarification of the errors that were identified in the protester's revised cost proposal."
The bid protest decision (B-414738.9) was issued on February 12, 2019 (https://www.gao.gov/products/B-414738.9).
In its findings, the GAO said: "Protest challenging agency's conclusion that the most probable cost of the protester's proposal to perform a cost-reimbursement contract could not be determined is denied where the proposal identified two different methods for the calculation of certain costs."
The participants in the case included: Justin A. Chiarodo, Adam Proujansky, Stephanie M. Harden, and Ioana Cristei, Blank Rome, for the protester. Debra J. Talley, David Balaban, and Cathleen Perry, Department of the Army, for the agency. Young S. Lee, and Peter H. Tran, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Upholds Part of Bid Protest by CyberData Technologies of Herndon, Virginia
WASHINGTON, Feb. 23 -- The Government Accountability Office has issued a decision sustaining in part and dismissing in part a bid protest filed by CyberData Technologies of Herndon, Virginia.
According to the GAO, CyberData Technologies "protests the issuance of a task order to Ace Info Solutions, Inc., of Reston, Virginia, under request for quotations (RFQ) No. EG-133W-17-RQ-1234, issued by the Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), for weather and climate computing infrastructure services. CyberData challenges the evaluation of its proposal and the best-value
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WASHINGTON, Feb. 23 -- The Government Accountability Office has issued a decision sustaining in part and dismissing in part a bid protest filed by CyberData Technologies of Herndon, Virginia.
According to the GAO, CyberData Technologies "protests the issuance of a task order to Ace Info Solutions, Inc., of Reston, Virginia, under request for quotations (RFQ) No. EG-133W-17-RQ-1234, issued by the Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), for weather and climate computing infrastructure services. CyberData challenges the evaluation of its proposal and the best-valuetradeoff decision."
The bid protest decision (B-417084) was issued on February 6, 2019 (https://www.gao.gov/products/B-417084).
In its findings, the GAO said: "Protest that the agency failed to look behind the adjectival ratings in making its selection decision is sustained, where the evaluation record contained no explanation for why the proposals were determined to be technically equal."
The participants in the case included: Edward J. Tolchin, Offit Kurman Attorneys at Law, for the protester. David B. Dixon, Meghan D. Doherty, Robert Starling, and Toghrul Shukurlu, Pillsbury Winthrop Shaw Pittman, for Ace Info Solutions, the intervenor. Florence N. Bridges, Department of Commerce, for the agency. Paula J. Haurilesko, and Laura Eyester, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies in Part Protest by IBM Corp. of Reston, Virginia
WASHINGTON, Feb. 23 -- The Government Accountability Office has issued a decision denying in part and dismiss in part a bid protest filed by IBM Corp. of Reston, Virginia.
According to the GAO, IBM Corp. "protests the issuance of a task order to Accenture Federal Services, LLC, of Arlington, Virginia, by the Department of Homeland Security (DHS), Transportation Security Administration (TSA), under task order request for proposals (TORP) No. HSTS02-17-R-OIA053, issued under DHS's Enterprise Acquisition Gateway for Leading Edge Solutions II indefinite-delivery, indefinite-quantity (IDIQ) contract,
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WASHINGTON, Feb. 23 -- The Government Accountability Office has issued a decision denying in part and dismiss in part a bid protest filed by IBM Corp. of Reston, Virginia.
According to the GAO, IBM Corp. "protests the issuance of a task order to Accenture Federal Services, LLC, of Arlington, Virginia, by the Department of Homeland Security (DHS), Transportation Security Administration (TSA), under task order request for proposals (TORP) No. HSTS02-17-R-OIA053, issued under DHS's Enterprise Acquisition Gateway for Leading Edge Solutions II indefinite-delivery, indefinite-quantity (IDIQ) contract,to acquire a full range of information technology services to support the TSA Secure Flight system. IBM, the incumbent contractor, previously filed a protest with our Office alleging, among other grounds, that TSA failed to undertake a reasonable investigation of an alleged violation of the integrity provisions of the Office of Federal Procurement Policy Act, 41 U.S.C. ** 2101-07 (hereinafter, the Procurement Integrity Act or PIA). Based on TSA's initiation of an investigation, we dismissed IBM's PIA allegations as premature, and denied the remainder of IBM's protest allegations. IBM Corp., B-415798, Mar. 27, 2018, 2018 CPD
130 at 8-9. Following the completion of its investigation, TSA again selected Accenture for award. IBM now challenges the adequacy of TSA's PIA investigation, and the reasonableness of the agency's decision to proceed with an award to Accenture."
The bid protest decision (B-415798.2) was issued on February 14, 2019 (https://www.gao.gov/products/B-415798.2).
In its findings, the GAO said: "1. Protest that the awardee violated the procurement integrity provisions of the Office of Federal Procurement Policy Act, 41 U.S.C. ** 2101-07, is dismissed as legally and factually insufficient where the protester's allegations, even if unrebutted, fail to establish a violation of law by the agency.
2. Protest challenging contracting officer's determination that exclusion of the awardee from the competition was not warranted to protect the integrity of the procurement system is denied where the protest effectively constitutes a challenge to the agency's affirmative responsibility determination, and the protester fails to demonstrate that the agency unreasonably failed to consider pertinent information."
The participants in the case included: David W. Burgett, Nicole D. Picard, Adilene Rosales, and Thomas A. Pettit, Hogan Lovells US, for the protester.
Amy Laderberg O'Sullivan, Olivia L. Lynch, Elizabeth Buehler, and James G. Peyster, Crowell & Moring, for Accenture Federal Services, the intervenor.
Angela Varner, Christopher J. Reames, and Michael Kiffney, Department of Homeland Security, for the agency. Evan D. Wesser, and Edward Goldstein, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Upholds Part of Bid Protest by Ekagra Partners of Leesburg, Virginia
WASHINGTON, Feb. 20 -- The Government Accountability Office has issued a decision sustaining in part and denying in part a bid protest filed by Ekagra Partners of Leesburg, Virginia.
According to the GAO, Ekagra Partners "challenges the terms of request for proposals (RFP) No. GS00Q-13-DR-0002, which was issued by the General Services Administration (GSA), Information Technology Service, for award of new contracts in the agency's One Acquisition Solution for Integrated Services (OASIS)--small business pool of government-wide multiple-award indefinite-delivery, indefinite-quantity (IDIQ) contracts.
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WASHINGTON, Feb. 20 -- The Government Accountability Office has issued a decision sustaining in part and denying in part a bid protest filed by Ekagra Partners of Leesburg, Virginia.
According to the GAO, Ekagra Partners "challenges the terms of request for proposals (RFP) No. GS00Q-13-DR-0002, which was issued by the General Services Administration (GSA), Information Technology Service, for award of new contracts in the agency's One Acquisition Solution for Integrated Services (OASIS)--small business pool of government-wide multiple-award indefinite-delivery, indefinite-quantity (IDIQ) contracts.The protester argues that the solicitation includes terms that improperly restrict competition by limiting the ways in which a mentor-protege joint venture may submit proposals."
The bid protest decision (B-408685.18) was issued on February 15, 2019 (https://www.gao.gov/products/B-408685.18).
In its findings, the GAO said: "1. Protest challenging a solicitation term that limits the number of experience projects that may be submitted in a mentor-protege joint venture's proposal for a large business mentor firm is denied where the solicitation term is not prohibited by procurement laws or regulations and where the agency provides a reasonable basis for its inclusion.
2. Protest challenging a solicitation term as unduly restrictive of competition where the term prohibits a mentor-protege joint venture from submitting a proposal as part of a contractor teaming arrangement that includes additional subcontractors is sustained where, although the solicitation term is not prohibited by procurement laws or regulations, the agency does not provide a reasonable basis for its inclusion."
The participants in the case included: Antonio R. Franco, and Kathryn V. Flood, PilieroMazza, for the protester. Stephen O'Neal, General Services Administration, and Sam Q. Le, Small Business Administration, for the agencies. Jonathan L. Kang, and Laura Eyester, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Wright & Morrissey of South Burlington, Vermont
WASHINGTON, Feb. 20 -- The Government Accountability Office has issued a decision denying a bid protest filed by Wright and Morrissey of South Burlington, Vermont.
According to the GAO, Wright & Morrissey "protests the award of a contract to Stewart Construction Inc., of Essex Junction, Vermont, under invitation for bids (IFB) No. W912LN-18-B-5001, issued by the Department of the Army, Vermont Air National Guard for construction services. The protester alleges that the agency improperly allowed Stewart to correct a mistake in its bid, displacing the protester as the low bidder."
The bid protest
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WASHINGTON, Feb. 20 -- The Government Accountability Office has issued a decision denying a bid protest filed by Wright and Morrissey of South Burlington, Vermont.
According to the GAO, Wright & Morrissey "protests the award of a contract to Stewart Construction Inc., of Essex Junction, Vermont, under invitation for bids (IFB) No. W912LN-18-B-5001, issued by the Department of the Army, Vermont Air National Guard for construction services. The protester alleges that the agency improperly allowed Stewart to correct a mistake in its bid, displacing the protester as the low bidder."
The bid protestdecision (B-417105) was issued on February 15, 2019 (https://www.gao.gov/products/B-417105).
In its findings, the GAO said: "Correction of a bid that results in the displacement of a lower bid was reasonable where the existence of the mistake and the intended bid is ascertainable from the hand written information on the bid itself."
The participants in the case included: Marc Heath, Downs Rachlin Martin, for the protester. Scott N. Flesch, Brian Habib, Department of the Army, for the agency. Paula A. Williams, and Edward Goldstein, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Sustains Protest by Lioce Group of Huntsville, Alabama
WASHINGTON, Feb. 15 -- The Government Accountability Office has issued a decision sustaining a bid protest filed by Lioce Group of Huntsville, Alabama.
According to the GAO, Lioce Group "protests the issuance of a task order to Xerox Corporation (Xerox) of Washington, D.C., under request for quotations (RFQ) No. 1285287, which was issued by the National Labor Relations Board (NLRB) for the lease and maintenance of copier devices. The protester challenges the agency's determination that its quotation was technically unacceptable, contending the agency's evaluation was unreasonable and inconsistent
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WASHINGTON, Feb. 15 -- The Government Accountability Office has issued a decision sustaining a bid protest filed by Lioce Group of Huntsville, Alabama.
According to the GAO, Lioce Group "protests the issuance of a task order to Xerox Corporation (Xerox) of Washington, D.C., under request for quotations (RFQ) No. 1285287, which was issued by the National Labor Relations Board (NLRB) for the lease and maintenance of copier devices. The protester challenges the agency's determination that its quotation was technically unacceptable, contending the agency's evaluation was unreasonable and inconsistentwith the terms of the RFQ."
The bid protest decision (B-416896) was issued on January 7, 2019 (https://www.gao.gov/products/B-416896).
In its findings, the GAO said: "Protest that agency misevaluated protester's quotation is sustained where the agency improperly found the protester's quotation technically unacceptable based upon an unreasonable interpretation of the solicitation."
The participants in the case included: Jerome S. Gabig, Wilmer & Lee, for the protester. Barry F. Smith, National Labor Relations Board, 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 Oracle America of Redwood Shores, California
WASHINGTON, Feb. 14 -- The Government Accountability Office has issued a decision denying a bid protest filed by Oracle America of Redwood Shores, California.
According to the GAO, Oracle America "protests the award of an indefinite-delivery, indefinite-quantity (IDIQ) contract to ViON Corporation (ViON), of Herndon, Virginia, under request for proposals (RFP) No. HC1028-17-R-0015 issued by the Department of Defense, Defense Information Systems Agency (DISA), for on-demand processing capabilities for the agency's scalable processor architecture (SPARC). The protester challenges the agency's technical
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WASHINGTON, Feb. 14 -- The Government Accountability Office has issued a decision denying a bid protest filed by Oracle America of Redwood Shores, California.
According to the GAO, Oracle America "protests the award of an indefinite-delivery, indefinite-quantity (IDIQ) contract to ViON Corporation (ViON), of Herndon, Virginia, under request for proposals (RFP) No. HC1028-17-R-0015 issued by the Department of Defense, Defense Information Systems Agency (DISA), for on-demand processing capabilities for the agency's scalable processor architecture (SPARC). The protester challenges the agency's technicalevaluation and its best-value tradeoff decision."
The bid protest decision (B-417046) was issued on January 31, 2019 (https://www.gao.gov/products/B-417046).
In its findings, the GAO said: "1.Protest alleging that the agency failed to recognize several aspects of protester's proposal as strengths is denied where the record demonstrates that the agency's evaluation was reasonable and consistent with the terms of the solicitation.
2.Protest that the source selection official improperly made award on a lowest-priced, technically acceptable basis instead of a best-value tradeoff basis is denied where the record reflects that the source selection official reasonably found the proposals of the awardee and the protester to be essentially equal and selected the lower-priced proposal for award."
The participants in the case included: Paul F. Khoury, Colin J. Cloherty, and Kendra P. Norwood, Wiley Rein, for the protester. David Cohen, John J. O'Brien, Daniel Strouse, and Laurel A. Hockey, Cordatis, for ViON Corporation, the intervenor. Daniel C. McIntosh, James W. DeBose, and Laura J. Barke, Defense Information Systems Agency, for the agency. Elizabeth Witwer, and Edward Goldstein, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Matson Navigation of Honolulu, Hawaii
WASHINGTON, Feb. 12 -- The Government Accountability Office has issued a decision denying a bid protest filed by Matson Navigation of Honolulu, Hawaii.
According to the GAO, Matson Navigation "protests the award of a contract to International Auto Logistics, LLC (IAL), of Saint Simons Island, Georgia, under request for proposals (RFP) No. HTC711-18-R-R-001, issued by the Department of the Air Force, United States Transportation Command (USTRANSCOM) for global transportation and storage services for Department of Defense (DoD) sponsored shipments of privately owned vehicles (POVs) belonging to
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WASHINGTON, Feb. 12 -- The Government Accountability Office has issued a decision denying a bid protest filed by Matson Navigation of Honolulu, Hawaii.
According to the GAO, Matson Navigation "protests the award of a contract to International Auto Logistics, LLC (IAL), of Saint Simons Island, Georgia, under request for proposals (RFP) No. HTC711-18-R-R-001, issued by the Department of the Air Force, United States Transportation Command (USTRANSCOM) for global transportation and storage services for Department of Defense (DoD) sponsored shipments of privately owned vehicles (POVs) belonging tomilitary service members and DoD civilian employees. Matson challenges the agency's evaluation of Matson's and IAL's past performance, failure to consider a possible Procurement Integrity Act violation, evaluation of IAL's price proposal, and best-value tradeoff decision."
The bid protest decision (B-416976.2,B-416976.3,B-416976.4) was issued on January 24, 2019 (https://www.gao.gov/products/B-416976.2,B-416976.3,B-416976.4).
In its findings, the GAO said: "1. Protest that agency unreasonably evaluated protester's past performance is denied where agency considered the relevancy of the past performance examples provided by the protester.
2. Protest that in evaluating awardee's past performance, agency failed to consider information in a Department of Defense Inspector General report is denied where the information was included in a contractor performance assessment report considered by the agency.
3. Protest that agency failed to consider a potential Procurement Integrity Act violation is dismissed where protester did not report the alleged violation to the procuring agency within 14 days of when the protester first became aware of it.
4. Protest that agency failed to consider whether awardee's price was unbalanced is denied where agency determined that awardee's low proposed prices for certain line items did not present an unacceptable risk to the government.
5. Protest that agency made an unreasonable best-value tradeoff is denied where agency considered that awardee's superior past performance was worth the price premium."
The participants in the case included: Joseph D. West, Lindsay M. Paulin, Ryan Comer, and Crystal L. Weeks., Gibson, Dunn & Crutcher, for the protester. Jon D. Levin, and W. Brad English, Maynard Cooper & Gale, for the intervenor. Col. C. Taylor Smith, Isabelle P. Cutting, Erika L. Whelan Retta, Todd Federici, and Robert D. Bowers, Department of the Air Force, United States Transportation Command, for the agencies. Mary G. Curcio, and Laura Eyester, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Vertex Aerospace of Madison, Mississippi
WASHINGTON, Feb. 12 -- The Government Accountability Office has issued a decision denying a bid protest filed by Vertex Aerospace of Madison, Mississippi.
According to the GAO, Vertex Aerospace "protests the Department of the Navy's award of a contract to DynCorp International, LLC, of Fort Worth, Texas, pursuant to request for proposals (RFP) No. N61340-18-R-0905, to provide maintenance and logistics support services for the Navy's TH-57 Sea Ranger helicopters."
The bid protest decision (B-417065,B-417065.2) was issued on February 5, 2019 (https://www.gao.gov/products/B-417065,B-417065.2).
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WASHINGTON, Feb. 12 -- The Government Accountability Office has issued a decision denying a bid protest filed by Vertex Aerospace of Madison, Mississippi.
According to the GAO, Vertex Aerospace "protests the Department of the Navy's award of a contract to DynCorp International, LLC, of Fort Worth, Texas, pursuant to request for proposals (RFP) No. N61340-18-R-0905, to provide maintenance and logistics support services for the Navy's TH-57 Sea Ranger helicopters."
The bid protest decision (B-417065,B-417065.2) was issued on February 5, 2019 (https://www.gao.gov/products/B-417065,B-417065.2).
Inits findings, the GAO said: "Agency reasonably assessed a significant weakness in protester's proposal, and properly assigned it a moderate technical risk rating, based on protester's failure to provide adequate substantiation for its proposed indirect rates."
The participants in the case included: W. Jay DeVecchio, J. Alex Ward, James A. Tucker, R. Locke Bell, and Caitlin A. Crujido, Morrison & Foerster, for the protester Scott F. Lane, and Katherine S. Nucci, Thompson Coburn, for DynCorp International, the intervenor. R. Montana Erickson, and Lisa D. Wentz, Department of the Navy, for the agency. Glenn G. Wolcott, and Christina Sklarew, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Advanced Software Systems of Sterling, Virginia
WASHINGTON, Feb. 12 -- The Government Accountability Office has issued a decision denying a bid protest filed by Advanced Software Systems of Sterling, Virginia.
According to the GAO, Advanced Software Systems "challenges the exclusion of its proposal from the competitive range under request for proposals (RFP) No. SAQMMA16R0029, issued by the Department of State (DOS) to provide technology services for software development lifecycle support, information technology services management (ITSM) and business process improvement for DOS's Bureau of Consular Affairs (CA), Office of Consular Systems
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WASHINGTON, Feb. 12 -- The Government Accountability Office has issued a decision denying a bid protest filed by Advanced Software Systems of Sterling, Virginia.
According to the GAO, Advanced Software Systems "challenges the exclusion of its proposal from the competitive range under request for proposals (RFP) No. SAQMMA16R0029, issued by the Department of State (DOS) to provide technology services for software development lifecycle support, information technology services management (ITSM) and business process improvement for DOS's Bureau of Consular Affairs (CA), Office of Consular Systemsand Technology (CST). The protester contends that the agency unreasonably evaluated its proposal under the RFP's technical approach, past performance, management approach, and key personnel evaluation factors."
The bid protest decision (B-414892.2,B-414892.3,B-414892.4,B-414892.5,B-414892.6) was issued on January 7, 2019 (https://www.gao.gov/products/B-414892.2,B-414892.3,B-414892.4,B-414892.5,B-414892.6).
In its findings, the GAO said: "Protest challenging the exclusion of protester's proposal from the competitive range is denied where the agency reasonably found that the proposal failed to address material requirements and was therefore technically unacceptable."
The participants in the case included: David S. Cohen, John J. O'Brien, and Daniel J. Strouse, Cordatis, for the protester. Damien C. Specht, James A. Tucker, and Caitlin A. Crujido, Morrison & Foerster, for NetCentric Technology, the intervenor. Kathleen D. Martin, Department of State, for the agency. Alexander O. Levine, and Jennifer D. Westfall-McGrail, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Dismisses in Part Protest by Veterans2Work of Novato, California
WASHINGTON, Feb. 9 -- The Government Accountability Office has issued a decision dismissing in part and denying in part a bid protest filed by Veterans2Work of Novato, California.
According to the GAO, Veterans2Work "protests the award of a contract to Predictive Index Arizona, Inc., of Scottsdale, Arizona, under request for quotations (RFQ) No. 36C250-18-Q-9856, issued by the Department of Veterans Affairs (VA) for services to support the Perfect Match program at the Chillicothe VA Medical Center. The protester argues that, in lieu of procuring the services competitively, the agency should have
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WASHINGTON, Feb. 9 -- The Government Accountability Office has issued a decision dismissing in part and denying in part a bid protest filed by Veterans2Work of Novato, California.
According to the GAO, Veterans2Work "protests the award of a contract to Predictive Index Arizona, Inc., of Scottsdale, Arizona, under request for quotations (RFQ) No. 36C250-18-Q-9856, issued by the Department of Veterans Affairs (VA) for services to support the Perfect Match program at the Chillicothe VA Medical Center. The protester argues that, in lieu of procuring the services competitively, the agency should haveawarded a sole-source contract to the protester. The protester also objects to the agency's decision to award the contract on a lowest-priced, technically acceptable (LPTA) basis. Finally, V2W objects to the agency's alleged use of V2W's work as the basis for the solicitation's statement of work."
The bid protest decision (B-416935) was issued on January 9, 2019 (https://www.gao.gov/products/B-416935).
In its findings, the GAO said: "1. Protest challenging the terms of the solicitation and the ground rules under which the competition was conducted is dismissed as untimely where the protest was filed after the award of the contract.
2. Protest alleging that the agency improperly released the company's sensitive information as part of the solicitation is denied where the record reflects that the protester offered to provide the information to the agency for the express purpose of including the information in the solicitation's statement of work."
The participants in the case included: John Reynolds for the protester.
Melody A. Goldberg, and Donald C. Mobly, Department of Veterans Affairs, for the agency. Elizabeth Witwer, and Jennifer D. Westfall-McGrail, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Navarre Corp. of Navarre, Florida
WASHINGTON, Feb. 9 -- The Government Accountability Office has issued a decision denying a bid protest filed by Navarre Corp. of Navarre, Florida.
According to the GAO, Navarre Corp. "protests the corrective action proposed by the Department of Veterans Affairs (VA) related to a prior protest filed by Owl, Inc., of St. Johns, Florida, in connection with request for proposals (RFP) No. VA247-17-R-0004 for non-emergency wheelchair transportation services. The protester contends that the agency's proposed corrective action is unreasonable."
The bid protest decision (B-414962.6,B-414962.7) was issued
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WASHINGTON, Feb. 9 -- The Government Accountability Office has issued a decision denying a bid protest filed by Navarre Corp. of Navarre, Florida.
According to the GAO, Navarre Corp. "protests the corrective action proposed by the Department of Veterans Affairs (VA) related to a prior protest filed by Owl, Inc., of St. Johns, Florida, in connection with request for proposals (RFP) No. VA247-17-R-0004 for non-emergency wheelchair transportation services. The protester contends that the agency's proposed corrective action is unreasonable."
The bid protest decision (B-414962.6,B-414962.7) was issuedon October 22, 2018 (https://www.gao.gov/products/B-414962.6,B-414962.7).
In its findings, the GAO said: " 1.Protest challenging solicitation amendment clarifying that agency will not evaluate fixed prices for price realism is denied where the agency has wide discretion when deciding whether to include a realism evaluation provision in a solicitation for the award of a fixed-price contract.
2.Protest filed following a dismissal without prejudice of prior, related protest by a court of competent jurisdiction is not dismissed under Bid Protest Regulation 4 C.F.R. * 21.11(b)."
The participants in the case included: William M. Weisberg, Law Offices of William Weisberg, for the protester. Deborah K. Morrell, and Donald C. Mobly, Department of Veterans Affairs, for the agency. Michael Willems, and Edward Goldstein, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Summit Construction & Environmental Services of Richmond, Virginia
WASHINGTON, Feb. 8 -- The Government Accountability Office has issued a decision denying a bid protest filed by Summit Construction and Environmental Services of Richmond, Virginia.
According to the GAO, Summit Construction & Environmental Services "protests the General Services Administration's (GSA) award of a contract to DelSur SDAV Joint Venture, LLC, pursuant to request for proposals (RFP) No. 47PE0218R0008, to provide building operations, maintenance, and janitorial services at the Sam Nunn Atlanta Federal Center. Summit challenges various aspects of the agency's source selection process,
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WASHINGTON, Feb. 8 -- The Government Accountability Office has issued a decision denying a bid protest filed by Summit Construction and Environmental Services of Richmond, Virginia.
According to the GAO, Summit Construction & Environmental Services "protests the General Services Administration's (GSA) award of a contract to DelSur SDAV Joint Venture, LLC, pursuant to request for proposals (RFP) No. 47PE0218R0008, to provide building operations, maintenance, and janitorial services at the Sam Nunn Atlanta Federal Center. Summit challenges various aspects of the agency's source selection process,including the agency's determination that Summit's proposal failed to comply with material solicitation requirements."
The bid protest decision (B-416985,B-416985.2,B-416985.3) was issued on January 15, 2019 (https://www.gao.gov/products/B-416985,B-416985.2,B-416985.3).
In its findings, the GAO said: "Agency reasonably rejected protester's proposal where proposal failed to comply with material solicitation requirements."
The participants in the case included: David A. Edelstein, and Allison Geewax, Asmar, Schor & McKenna=, for the protester. Benjamin D. Lorber, General Services Administration, for the agency. Glenn G. Wolcott, and Christina Sklarew, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Sustains Protest by Bristol Environmental Remediation Services of Anchorage, Alaska
WASHINGTON, Feb. 7 -- The Government Accountability Office has issued a decision sustaining a bid protest filed by Bristol Environmental Remediation Services of Anchorage, Alaska.
According to the GAO, Bristol Environmental Remediation Services "protests the rejection of its proposal under request for proposals (RFP) No. W9128F-16-R-0027, issued by the Department of the Army, U.S. Corps of Engineers for environmental remediation and munitions response services. Bristol argues that the agency unreasonably rejected its proposal."
The bid protest decision (B-416980,B-416980.2) was issued on January
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WASHINGTON, Feb. 7 -- The Government Accountability Office has issued a decision sustaining a bid protest filed by Bristol Environmental Remediation Services of Anchorage, Alaska.
According to the GAO, Bristol Environmental Remediation Services "protests the rejection of its proposal under request for proposals (RFP) No. W9128F-16-R-0027, issued by the Department of the Army, U.S. Corps of Engineers for environmental remediation and munitions response services. Bristol argues that the agency unreasonably rejected its proposal."
The bid protest decision (B-416980,B-416980.2) was issued on January16, 2019 (https://www.gao.gov/products/B-416980,B-416980.2).
In its findings, the GAO said: "Protest challenging agency's evaluation of protester's proposal is sustained where record shows agency's evaluation was unreasonable and inconsistent with the terms of the solicitation."
The participants in the case included: S. Lane Tucker, Stoel Rives, for the protester. Stacy K. Birkel, Department of the Army, for the agency. Scott H. Riback, and Tania Calhoun, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies in Part Protest by Glotech of Rockville, Maryland
WASHINGTON, Feb. 6 -- The Government Accountability Office has issued a decision denying in part and dismissing in part a bid protest filed by Glotech of Rockville, Maryland.
According to the GAO, Glotech "rotests the award of a contract to Facilities Development Corporation (FDC), of Reston, Virginia, under request for proposals (RFP) No. SAQMMA-17-R-0398, issued by the Department of State for information technology infrastructure rehab (ITIR) in Cairo, Egypt. The protester challenges the agency's decision to prequalify FDC to participate in the procurement."
The bid protest decision (B-416967)
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WASHINGTON, Feb. 6 -- The Government Accountability Office has issued a decision denying in part and dismissing in part a bid protest filed by Glotech of Rockville, Maryland.
According to the GAO, Glotech "rotests the award of a contract to Facilities Development Corporation (FDC), of Reston, Virginia, under request for proposals (RFP) No. SAQMMA-17-R-0398, issued by the Department of State for information technology infrastructure rehab (ITIR) in Cairo, Egypt. The protester challenges the agency's decision to prequalify FDC to participate in the procurement."
The bid protest decision (B-416967)was issued on January 15, 2019 (https://www.gao.gov/products/B-416967).
In its findings, the GAO said: "Protest challenging the agency's prequalification of the awardee for an overseas embassy construction project under the Omnibus Diplomatic Security and Antiterrorism Act of 1986, as amended, is denied where the record shows that the awardee's submissions satisfied the requirements of the prequalification notice."
The participants in the case included: Thomas K. David, Kenneth D. Brody, and Katherine A. David, David, Brody & Dondershine, for the protester. Lawrence M. Prosen, Gunjan R. Talati, Jarret Dillard, and Nicholas J. Nieto, Kilpatrick Townsend & Stockton, for Facilities Development Corp., the intervenor.
Kathleen D. Martin, Department of State, for the agency. Lois Hanshaw, and Christina Sklarew, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies in Part Protest by United Valve of El Segundo, California
WASHINGTON, Feb. 6 -- The Government Accountability Office has issued a decision denying in part and dismissing in part a bid protest filed by United Valve of El Segundo, California.
According to the GAO, United Valve "protests the corrective action taken by the Defense Logistics Agency (DLA), in response to our recommendation for corrective action in United Valve Co., B-416277, B-416277.2, July 27, 2018, 2018 CPD
268 (Decision). In that decision, we sustained United's protest against award of a contract to Logistical Support LLC (LSL), of Chatsworth, California, under request for proposals
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WASHINGTON, Feb. 6 -- The Government Accountability Office has issued a decision denying in part and dismissing in part a bid protest filed by United Valve of El Segundo, California.
According to the GAO, United Valve "protests the corrective action taken by the Defense Logistics Agency (DLA), in response to our recommendation for corrective action in United Valve Co., B-416277, B-416277.2, July 27, 2018, 2018 CPD
268 (Decision). In that decision, we sustained United's protest against award of a contract to Logistical Support LLC (LSL), of Chatsworth, California, under request for proposals(RFP) No. SPE4A7-17-R-1321, issued by DLA for stability damper assemblies (damper assemblies) for use on the UH-1 helicopter. The protester asserts that the agency's announced corrective action is flawed and fails to reasonably implement GAO's recommendation."
The bid protest decision (B-416277.3,B-416277.4,B-416277.5) was issued on January 17, 2019 (https://www.gao.gov/products/B-416277.3,B-416277.4,B-416277.5).
In its findings, the GAO said: "1. Protest challenging agency's determination to qualify an offeror as an approved source is denied where the record shows that the agency's determination was reasonably based.
2. Protest of corrective action, which includes termination of a contract and resolicitation of the government's requirements, is denied where the agency's corrective action is appropriate to remedy flaws identified with the underlying procurement."
The participants in the case included: Frank S. Murray, David T. Ralston Jr., Micah T. Zomer, Krista A. Nunez, Foley & Lardner, for the protester. Niketa L. Wharton, Defense Logistics Agency, for the agency.Lois Hanshaw, and Christina Sklarew, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Community Surgical Supply of Tom's River, New Jersey
WASHINGTON, Feb. 6 -- The Government Accountability Office has issued a decision denying a bid protest filed by Community Surgical Supply of Tom's River, New Jersey.
According to the GAO, Community Surgical Supply "protests the terms of request for proposals (RFP) No. 36C25018R0234, issued by the Department of Veterans Affairs (VA) to provide home oxygen services and related equipment and supplies for veterans located in the service areas of Chillicothe, Cincinnati, Cleveland, Dayton, and Columbus, Ohio, known together as veteran integrated service network (VISN) 10 Ohio. Community, which is currently
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WASHINGTON, Feb. 6 -- The Government Accountability Office has issued a decision denying a bid protest filed by Community Surgical Supply of Tom's River, New Jersey.
According to the GAO, Community Surgical Supply "protests the terms of request for proposals (RFP) No. 36C25018R0234, issued by the Department of Veterans Affairs (VA) to provide home oxygen services and related equipment and supplies for veterans located in the service areas of Chillicothe, Cincinnati, Cleveland, Dayton, and Columbus, Ohio, known together as veteran integrated service network (VISN) 10 Ohio. Community, which is currentlythe incumbent contractor, argues that the VA decision to issue the RFP as a small business set-aside is improper mainly because the RFP anticipates that the contractor will be required to transition existing patients to home-fill oxygen systems from other types of oxygen systems."
The bid protest decision (B-416365.2) was issued on January 28, 2019 (https://www.gao.gov/products/B-416365.2).
In its findings, the GAO said: "Protest that agency decision to issue solicitation for home oxygen services and supplies as a small business set-aside was improper is denied where record adequately supported agency's business judgment that market research, record of previous procurement efforts, and small business performance on awarded contracts for similar services justified setting aside the requirement."
The participants in the case included: Paul W. Bowen, Joshua I. Skora, Amy Conant Hoang, and Erica L. Bakies, K&L Gates, for the protester. Donald C. Mobly, and Natica Chapman Neely, Department of Veterans Affairs, for the agency. Paul N. Wengert, and Tania Calhoun, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Nexagen Networks of Morganville, New Jersey
WASHINGTON, Feb. 6 -- The Government Accountability Office has issued a decision denying a bid protest filed by Nexagen Networks of Morganville, New Jersey.
According to the GAO, Nexagen Networks "protests the issuance of a task order to DataPath, Inc., of Duluth, Georgia, under request for task execution plan (RTEP) No. RTEP-S8G-002, issued by the Department of the Army for support for the United States Northern Command's (USNORTHCOM) mission to provide homeland defense and assistance to civilian authorities. Nexagen challenges the Army's evaluation and award decision."
The bid protest decision
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WASHINGTON, Feb. 6 -- The Government Accountability Office has issued a decision denying a bid protest filed by Nexagen Networks of Morganville, New Jersey.
According to the GAO, Nexagen Networks "protests the issuance of a task order to DataPath, Inc., of Duluth, Georgia, under request for task execution plan (RTEP) No. RTEP-S8G-002, issued by the Department of the Army for support for the United States Northern Command's (USNORTHCOM) mission to provide homeland defense and assistance to civilian authorities. Nexagen challenges the Army's evaluation and award decision."
The bid protest decision(B-416947,B-416947.2) was issued on January 11, 2019 (https://www.gao.gov/products/B-416947,B-416947.2).
In its findings, the GAO said: "1. Agency reasonably determined that protester's proposal was unacceptable where the protester failed to submit an adequately written technical proposal in accordance with the solicitation's instructions.
2. Protest challenging agency's technical evaluation is denied where the agency evaluated proposals in accordance with the stated evaluation criteria and did not treat offerors unequally."
The participants in the case included: Kendall Enyard, Michael J. Navarre, and Caitlin T. Conroy, Steptoe & Johnson, for the protester. Jonathan A. Hardage, Brittany N. York, and Carlin R. Walsh, Department of the Army, for the agency.
Lois Hanshaw, and Christina Sklarew, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Dismisses Protest by NCS Technologies of Gainesville, Virginia
WASHINGTON, Feb. 6 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by NCS Technologies of Gainesville, Virginia.
According to the GAO, NCS Technologies "protests the issuance of a delivery order to FCN, Inc., of Rockville, Maryland, by the Department of the Treasury, Internal Revenue Service (IRS), under request for quotations (RFQ) No. 5000032988, for personal computers. NCS protests that the agency improperly relaxed mandatory technical requirements in making award to FCN."
The bid protest decision (B-416936) was issued on January 11, 2019 (https://www.gao.gov/products/B-416936).
In
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WASHINGTON, Feb. 6 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by NCS Technologies of Gainesville, Virginia.
According to the GAO, NCS Technologies "protests the issuance of a delivery order to FCN, Inc., of Rockville, Maryland, by the Department of the Treasury, Internal Revenue Service (IRS), under request for quotations (RFQ) No. 5000032988, for personal computers. NCS protests that the agency improperly relaxed mandatory technical requirements in making award to FCN."
The bid protest decision (B-416936) was issued on January 11, 2019 (https://www.gao.gov/products/B-416936).
Inits findings, the GAO said: "Protester lacks the requisite legal interest to challenge the agency's award decision where protester would not be next in line for award even if its protest were sustained."
The participants in the case included: Thomas K. David, Kenneth D. Brody, and Katherine A. David, David, Brody & Dondershine, for the protester. Craig A. Holman, Dana E. Koffman, and Michael E. Samuels, Arnold & Porter Kaye Scholer, for FCN, the intervenor. Richard L. Hatfield, Kelly Zeng, and Holly H. Styles, Department of the Treasury, for the agency. John Sorrenti, and Christina Sklarew, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by United Medevac Solutions of Georgetown, Texas
WASHINGTON, Feb. 5 -- The Government Accountability Office has issued a decision denying a bid protest filed by United Medevac Solutions of Georgetown, Texas.
According to the GAO, United Medevac Solutions "protests award of a contract to TGW SuperiorCare MTS, LLC, a small business of San Antonio, Texas, pursuant to request for proposals (RFP) No. FA3016-18-U-0255, issued by the Department of the Air Force for emergency medical ambulance services at Joint Base San Antonio-Randolph, Texas. The protester challenges the agency's evaluation of past performance and best-value decision."
The bid protest
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WASHINGTON, Feb. 5 -- The Government Accountability Office has issued a decision denying a bid protest filed by United Medevac Solutions of Georgetown, Texas.
According to the GAO, United Medevac Solutions "protests award of a contract to TGW SuperiorCare MTS, LLC, a small business of San Antonio, Texas, pursuant to request for proposals (RFP) No. FA3016-18-U-0255, issued by the Department of the Air Force for emergency medical ambulance services at Joint Base San Antonio-Randolph, Texas. The protester challenges the agency's evaluation of past performance and best-value decision."
The bid protestdecision (B-417032,B-417032.2) was issued on January 24, 2019 (https://www.gao.gov/products/B-417032,B-417032.2).
In its findings, the GAO said: "Protest challenging the agency's evaluation of the awardee's past performance is denied where the agency's evaluation was reasonable and consistent with the terms of the solicitation."
The participants in the case included: Antonio R. Franco, Meghan Leemon, Kathryn Flood, and Matthew Feinberg, Piliero Mazza, for the protester. Alexis J. Bernstein, and Lieutenant Colonel Damund Williams, Department of the Air Force, 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 Trident Military Systems of Mesa, Arizona
WASHINGTON, Feb. 5 -- The Government Accountability Office has issued a decision denying a bid protest filed by Trident Military Systems of Mesa, Arizona.
According to the GAO, Trident Military Systems "protests the award of a contract to L3 Technologies, Inc. (L3) of New York, New York, under request for proposals (RFP) No. ID07180027, issued by the General Services Administration (GSA), for operations, maintenance and support for the F-16 mission tactics trainer (MTT) training system support center (TSSC). The protester challenges the agency's evaluation of L3's proposal and the selection decision."
The
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WASHINGTON, Feb. 5 -- The Government Accountability Office has issued a decision denying a bid protest filed by Trident Military Systems of Mesa, Arizona.
According to the GAO, Trident Military Systems "protests the award of a contract to L3 Technologies, Inc. (L3) of New York, New York, under request for proposals (RFP) No. ID07180027, issued by the General Services Administration (GSA), for operations, maintenance and support for the F-16 mission tactics trainer (MTT) training system support center (TSSC). The protester challenges the agency's evaluation of L3's proposal and the selection decision."
Thebid protest decision (B-417020,B-417020.2) was issued on January 22, 2019 (https://www.gao.gov/products/B-417020,B-417020.2).
In its findings, the GAO said: "Protest challenging agency's evaluation and selection of lower-rated, lower-priced proposal is denied where record shows that the evaluation and source selection decision were reasonable and consistent with the terms of the solicitation."
The participants in the case included: Steven J. Koprince, Matthew P. Moriarty, John M. Mattox II, and Haley E. Claxton, Koprince Law, for the protester. Kevin P. Mullen, W. Jay DeVecchio, and James A. Tucker, Morrison & Foerster, for L3 Technologies, an intervenor. Angelina Calloway, General Services Administration, for the agency. Young H. Cho, and Laura Eyester, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Tele-Consultants of Alpharetta, Georgia
WASHINGTON, Feb. 5 -- The Government Accountability Office has issued a decision denying a bid protest filed by Tele-Consultants of Alpharetta, Georgia.
According to the GAO, Tele-Consultants "protests its nonselection for award pursuant to request for proposals (RFP) No. W15P7T-15-R-0008, issued by the Department of the Army, U.S. Army Materiel Command for knowledge based services to support the Army and other federal government agencies. The protester alleges that the agency failed to evaluate its corporate experience and past performance in accordance with the solicitation's evaluation criteria,
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WASHINGTON, Feb. 5 -- The Government Accountability Office has issued a decision denying a bid protest filed by Tele-Consultants of Alpharetta, Georgia.
According to the GAO, Tele-Consultants "protests its nonselection for award pursuant to request for proposals (RFP) No. W15P7T-15-R-0008, issued by the Department of the Army, U.S. Army Materiel Command for knowledge based services to support the Army and other federal government agencies. The protester alleges that the agency failed to evaluate its corporate experience and past performance in accordance with the solicitation's evaluation criteria,and that the Army failed to conduct meaningful discussions."
The bid protest decision (B-414738.4) was issued on January 29, 2019 (https://www.gao.gov/products/B-414738.4).
In its findings, the GAO said: "1. Protest that agency improperly rejected protester's proposal is denied where the proposal did not contain information required by the solicitation, and where failure to provide the information resulted in an unacceptable rating under one of the solicitation's evaluation factors.
2. Protest alleging that discussions were not meaningful is denied where the agency was under no obligation to advise the protester of newly created defects introduced by the protester in its revised proposal."
The participants in the case included: James S. DelSordo, Argus Legal, for the protester. Jonathan Hardage, David Balaban, Cathleen Perry, Department of the Army, for the agency. Young S. Lee, and Peter H. Tran, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Sustains Protest by Soft Tech Consulting of Chantilly, Virginia
WASHINGTON, Feb. 2 -- The Government Accountability Office has issued a decision sustaining a bid protest filed by Soft Tech Consulting of Chantilly, Virginia.
According to the GAO, Soft Tech Consulting "protests its elimination from the competition under request for quotations (RFQ) No.70SBUR18Q00000249, issued by the Department of Homeland Security (DHS), United States Citizenship and Immigration Services, for software development services. The protester argues that the agency unreasonably and disparately evaluated quotations."
The bid protest decision (B-416934) was issued on January 15, 2019
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WASHINGTON, Feb. 2 -- The Government Accountability Office has issued a decision sustaining a bid protest filed by Soft Tech Consulting of Chantilly, Virginia.
According to the GAO, Soft Tech Consulting "protests its elimination from the competition under request for quotations (RFQ) No.70SBUR18Q00000249, issued by the Department of Homeland Security (DHS), United States Citizenship and Immigration Services, for software development services. The protester argues that the agency unreasonably and disparately evaluated quotations."
The bid protest decision (B-416934) was issued on January 15, 2019(https://www.gao.gov/products/B-416934).
In its findings, the GAO said: "Protest challenging the agency's evaluation of quotations is sustained where the agency's evaluation documentation is inadequate to support the reasonableness of the agency's disparate treatment of quotations."
The participants in the case included: John R. Prairie, and Cara L. Lasley, Wiley Rein, for the protester. William A. Shook, The Law Offices of William A. Shook, for Dev Technology Group, the intervenor. Stephanie Quade, Department of Homeland Security, for the agency. Joshua R. Gillerman, and Tania Calhoun, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Ryan Consulting Group of Indianapolis, Indiana
WASHINGTON, Feb. 2 -- The Government Accountability Office has issued a decision denying a bid protest filed by Ryan Consulting Group of Indianapolis, Indiana.
According to the GAO, Ryan Consulting 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-415716.8) was issued on October 31, 2018 (https://www.gao.gov/products/B-415716.8).
In its findings, the GAO said: "Protest challenging the agency's evaluation of protester's
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WASHINGTON, Feb. 2 -- The Government Accountability Office has issued a decision denying a bid protest filed by Ryan Consulting Group of Indianapolis, Indiana.
According to the GAO, Ryan Consulting 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-415716.8) was issued on October 31, 2018 (https://www.gao.gov/products/B-415716.8).
In its findings, the GAO said: "Protest challenging the agency's evaluation of protester'sproposal 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: Andrew J. Mohr, Daniel I. Prywes, and Catherine Kelly Kroll, Morris, Manning & Martin, for the protester. Alexis J. Bernstein, Lieutenant Colonel Kevin P. Stiens, and Timothy O'Keefe, 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 Protest by Knowlogy Corp. of Vienna, Virginia
WASHINGTON, Feb. 2 -- The Government Accountability Office has issued a decision denying a bid protest filed by Knowlogy Corp. of Vienna, Virginia.
According to the GAO, Knowlogy Corp. "protests the award of a contract to Global Knowledge Training, LLC under request for proposals (RFP) No. ID03180005, issued by the General Services Administration (GSA), Federal Acquisition Service, for information technology training services. Knowlogy, the incumbent contractor, challenges the agency's evaluation of its proposal under the staffing and past performance factors, as well as the agency's award decision."
The
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WASHINGTON, Feb. 2 -- The Government Accountability Office has issued a decision denying a bid protest filed by Knowlogy Corp. of Vienna, Virginia.
According to the GAO, Knowlogy Corp. "protests the award of a contract to Global Knowledge Training, LLC under request for proposals (RFP) No. ID03180005, issued by the General Services Administration (GSA), Federal Acquisition Service, for information technology training services. Knowlogy, the incumbent contractor, challenges the agency's evaluation of its proposal under the staffing and past performance factors, as well as the agency's award decision."
Thebid protest decision (B-416208.3) was issued on December 20, 2018 (https://www.gao.gov/products/B-416208.3).
In its findings, the GAO said: "Protest challenging the agency's evaluation of protester's proposal under staffing and past performance evaluation factors is denied where the record shows that the evaluation was reasonable and consistent with the terms of the solicitation."
The participants in the case included: Scott R. Williamson, and Daniel R. Williamson, Williamson Law Group, for the protester. Fernand A. Lavallee, Cherie J. Owen, and Robin A. Overby, Jones Day, for Global Knowledge Training, LLC, the intervenor. Kathleen K. Barksdale, General Services Administration, 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 Federal Prison Industries of Washington, D.C.
WASHINGTON, Feb. 1 -- The Government Accountability Office has issued a decision denying a bid protest filed by Federal Prison Industries of Washington, District of Columbia.
According to the GAO, Federal Prison Industries "protests the award of a contract to Creighton AB, Inc., of Reidsville, North Carolina, under request for proposals (RFP) No. SPE1C1-17-R-0111, which was issued by the Defense Logistics Agency (DLA), for shirts. FPI challenges the agency's consideration of past performance information that occurred after the RFP's closing date for proposals."
The bid protest decision (B-417100)
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WASHINGTON, Feb. 1 -- The Government Accountability Office has issued a decision denying a bid protest filed by Federal Prison Industries of Washington, District of Columbia.
According to the GAO, Federal Prison Industries "protests the award of a contract to Creighton AB, Inc., of Reidsville, North Carolina, under request for proposals (RFP) No. SPE1C1-17-R-0111, which was issued by the Defense Logistics Agency (DLA), for shirts. FPI challenges the agency's consideration of past performance information that occurred after the RFP's closing date for proposals."
The bid protest decision (B-417100)was issued on January 25, 2019 (https://www.gao.gov/products/B-417100).
In its findings, the GAO said: "Protest challenging the agency's consideration of past performance information occurring after the closing of the solicitation is denied where there is no legal prohibition on an agency considering relevant, recent past performance information that is known to the evaluators."
The participants in the case included: Steven Thaler, Department of Justice, for the protester. Marc Lamer, Kostos and Lamer, for Creighton AB, the intervenor. Michael D. McPeak, Defense Logistics Agency, for the agency.
Evan D. Wesser, and Edward Goldstein, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Interactive Government Holdings of Springfield, Virginia
WASHINGTON, Feb. 1 -- The Government Accountability Office has issued a decision denying a bid protest filed by Interactive Government Holdings of Springfield, Virginia.
According to the GAO, Interactive Government Holdings "protests the award of a contract to A-Team Solutions, of Fulton, Maryland, under request for proposals (RFP) No. H9821018R0024, issued by the Department of Defense, Defense Human Resources Agency, for personnel and administrative support services. The protester, the incumbent contractor, alleges that the agency unreasonably evaluated A-Team's proposal and improperly made its
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WASHINGTON, Feb. 1 -- The Government Accountability Office has issued a decision denying a bid protest filed by Interactive Government Holdings of Springfield, Virginia.
According to the GAO, Interactive Government Holdings "protests the award of a contract to A-Team Solutions, of Fulton, Maryland, under request for proposals (RFP) No. H9821018R0024, issued by the Department of Defense, Defense Human Resources Agency, for personnel and administrative support services. The protester, the incumbent contractor, alleges that the agency unreasonably evaluated A-Team's proposal and improperly made itssource selection decision."
The bid protest decision (B-417133) was issued on January 24, 2019 (https://www.gao.gov/products/B-417133).
In its findings, the GAO said: "1. Protest that the agency should have conducted a price realism evaluation is denied where the solicitation neither required nor permitted the agency to reject a proposal on the basis of an unrealistically low price.
2. Protest that the agency unreasonably evaluated the awardee's proposal is denied where the evaluation was consistent with the solicitation's terms and conditions, as well as applicable procurement statutes and regulations.
3. Protest that the source selection decision was unreasonable is denied where the record shows that the agency determined that the proposals were technically equivalent and the protester's advantage under the past performance factor was outweighed by the vastly lower price proposed by the awardee."
The participants in the case included: Antonio R. Franco, Kathryn V. Flood, Jacqueline K. Unger, and Emily J. Rouleau, PilieroMazza, for the protester.
Craig J. Berk, The Berk Law Firm, for A-Team Solutions, the intervenor.
Hattie Russell DuBois, and William C. Moorhouse, Defense Human Resources Activity, 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 La Termica of Naples, Italy
WASHINGTON, Feb. 1 -- The Government Accountability Office has issued a decision denying a bid protest filed by La Termica of Naples, Italy.
According to the GAO, La Termica "protests the award of design-build/design-bid-build construction contracts to five firms under request for proposals (RFP) No. N33191-16-R-1022, issued by the Department of the Navy for new construction, renovation, alteration, and repair projects at Naval Support Activity Naples, Italy and surrounding areas. The protester contends that the agency conducted a flawed price evaluation, assigned unreasonable adjectival ratings
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WASHINGTON, Feb. 1 -- The Government Accountability Office has issued a decision denying a bid protest filed by La Termica of Naples, Italy.
According to the GAO, La Termica "protests the award of design-build/design-bid-build construction contracts to five firms under request for proposals (RFP) No. N33191-16-R-1022, issued by the Department of the Navy for new construction, renovation, alteration, and repair projects at Naval Support Activity Naples, Italy and surrounding areas. The protester contends that the agency conducted a flawed price evaluation, assigned unreasonable adjectival ratingsto La Termica's proposal, failed to properly evaluate one of the awardees' construction certificates, and converted the basis of award from best-value tradeoff to lowest-priced technically acceptable."
The bid protest decision (B-416964.2,B-416964.3) was issued on January 30, 2019 (https://www.gao.gov/products/B-416964.2,B-416964.3).
In its findings, the GAO said: "1. Protest challenging price evaluation is denied where the agency evaluated price reasonableness in accordance with the stated evaluation criteria and where the solicitation did not require a price realism analysis.
2. Protest challenging the adjectival ratings assigned to protester's proposal is denied where the protester's objections did not rise beyond disagreement with the agency's evaluation judgment."
The participants in the case included: Salvatore Cino, for the protester.
Kenneth Jerome Rich Sr., and Patricia Windon Walter, Department of the Navy, for the agency. Alexander O. Levine, and Jennifer D. Westfall-McGrail, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Herman Construction Group of Escondido, California
WASHINGTON, Jan. 30 -- The Government Accountability Office has issued a decision denying a bid protest filed by Herman Construction Group of Escondido, California.
According to the GAO, Herman Construction Group "protests its elimination from phase one of a two-phase design-build procurement, conducted under request for proposals (RFP) No. N62473-18-R-5816 by the Department of the Navy, Naval Facilities Engineering Command Southwest, for the construction, renovation and repair of general building projects in the western and southwestern United States. The protester asserts that it should have
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WASHINGTON, Jan. 30 -- The Government Accountability Office has issued a decision denying a bid protest filed by Herman Construction Group of Escondido, California.
According to the GAO, Herman Construction Group "protests its elimination from phase one of a two-phase design-build procurement, conducted under request for proposals (RFP) No. N62473-18-R-5816 by the Department of the Navy, Naval Facilities Engineering Command Southwest, for the construction, renovation and repair of general building projects in the western and southwestern United States. The protester asserts that it should havereceived a rating of outstanding, rather than good, under the safety factor and that this error led to its improper exclusion from phase two of the competition."
The bid protest decision (B-416778.2,B-416778.4) was issued on December 21, 2018 (https://www.gao.gov/products/B-416778.2,B-416778.4).
In its findings, the GAO said: "Protest is denied where the agency's evaluation of the proposal's safety factor was reasonable and in accordance with the solicitation."
The participants in the case included: David S. Demian, Christopher R. Sillari, and Rishi S. Bhatt, Finch, Thornton & Baird, for the protester. Katherine Arutunian, Department of the Navy, for the agency. Stephanie B. Magnell, and Amy B. Pereira, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by GBK Partnership-Constant Associates of Oklahoma City, Oklahoma
WASHINGTON, Jan. 30 -- The Government Accountability Office has issued a decision denying a bid protest filed by GBK Partnership-Constant Associates of Oklahoma City, Oklahoma.
According to the GAO, GBK Partnership-Constant Associates "challenges the exclusion of its quotation submitted under request for quotations No. 68HE0C18Q0084, which was issued by the Environmental Protection Agency (EPA), to establish a blanket purchase agreement (BPA) under the General Services Administration (GSA) Professional Services Federal Supply Schedule (FSS) No. 00CORP for environmental training and consulting
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WASHINGTON, Jan. 30 -- The Government Accountability Office has issued a decision denying a bid protest filed by GBK Partnership-Constant Associates of Oklahoma City, Oklahoma.
According to the GAO, GBK Partnership-Constant Associates "challenges the exclusion of its quotation submitted under request for quotations No. 68HE0C18Q0084, which was issued by the Environmental Protection Agency (EPA), to establish a blanket purchase agreement (BPA) under the General Services Administration (GSA) Professional Services Federal Supply Schedule (FSS) No. 00CORP for environmental training and consultingservices. The protester argues that the EPA improperly excluded its quotation on the basis that GBK's FSS contract has insufficient potential options to cover the BPA's entire potential period of performance."
The bid protest decision (B-417039) was issued on January 24, 2019 (https://www.gao.gov/products/B-417039).
In its findings, the GAO said: "Protest challenging the exclusion of the protester's quotation from the competition is denied where the procuring agency reasonably found that the protester was ineligible for award where its Federal Supply Schedule contract included an insufficient period of performance to cover the potential duration of the anticipated blanket purchase agreement."
The participants in the case included: Edward J. Tolchin, Offit Kurman, for the protester. Jeffrey M. Herrema, and Kenneth Pakula, Environmental Protection Agency, and Jennifer L. Howard, General Services Administration, for the agencies. Evan D. Wesser, and Edward Goldstein, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by DAI Global of Bethesda, Maryland
WASHINGTON, Jan. 30 -- The Government Accountability Office has issued a decision denying a bid protest filed by DAI Global of Bethesda, Maryland.
According to the GAO, DAI Global "protests its nonselection for award an of indefinite-delivery, indefinite-quantity (IDIQ) contract under request for proposals (RFP) No. SOL-7200AA18R00008, issued by the United States Agency for International Development (USAID), for health system strengthening services. The protester argues that the solicitation contained a latent ambiguity that resulted in a disparate evaluation of proposals."
The bid protest decision
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WASHINGTON, Jan. 30 -- The Government Accountability Office has issued a decision denying a bid protest filed by DAI Global of Bethesda, Maryland.
According to the GAO, DAI Global "protests its nonselection for award an of indefinite-delivery, indefinite-quantity (IDIQ) contract under request for proposals (RFP) No. SOL-7200AA18R00008, issued by the United States Agency for International Development (USAID), for health system strengthening services. The protester argues that the solicitation contained a latent ambiguity that resulted in a disparate evaluation of proposals."
The bid protest decision(B-416992) was issued on January 17, 2019 (https://www.gao.gov/products/B-416992).
In its findings, the GAO said: "Protest alleging that the solicitation contained a latent ambiguity is denied where the protester's interpretation of the solicitation is not reasonable."
The participants in the case included: Robert Nichols, Andrew Victor, Rebekah Woods, and Jason C. Lynch, Nichols Liu, for the protester. Daniel R. Forman, and Lauren H. Williams, Crowell & Moring, for Abt Associates; James Y, Boland, and Emily A. Unnasch, Venable, for Palladium International; and Kayleigh Scalzo, J. Hunter Bennett, Evan Sherwood, Covington & Burling, for Management Sciences for Health, intervenors.John B. Alumbaugh, United States Agency for International Development, for the agency. Young H. Cho, and Peter H. Tran, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by University Loft of Greenfield, Indiana
WASHINGTON, Jan. 29 -- The Government Accountability Office has issued a decision denying a bid protest filed by University Loft of Greenfield, Indiana.
According to the GAO, University Loft "protests the issuance of a delivery order to KLN Steel Products Company, Inc., of Dallas, Texas, under request for quotations (RFQ) No. FA4418-18-Q-0049, issued by the Department of the Air Force for dormitory furniture items for Joint Base Charleston, Charleston, South Carolina. University Loft alleges the agency's evaluation of KLNs past performance was unreasonable."
The bid protest decision (B-417010,B-417010.2)
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WASHINGTON, Jan. 29 -- The Government Accountability Office has issued a decision denying a bid protest filed by University Loft of Greenfield, Indiana.
According to the GAO, University Loft "protests the issuance of a delivery order to KLN Steel Products Company, Inc., of Dallas, Texas, under request for quotations (RFQ) No. FA4418-18-Q-0049, issued by the Department of the Air Force for dormitory furniture items for Joint Base Charleston, Charleston, South Carolina. University Loft alleges the agency's evaluation of KLNs past performance was unreasonable."
The bid protest decision (B-417010,B-417010.2)was issued on January 22, 2019 (https://www.gao.gov/products/B-417010,B-417010.2).
In its findings, the GAO said: "Protest challenging the agency's evaluation of the awardee's past performance is denied where the evaluation was reasonable, consistent with the stated evaluation criteria, and adequately documented."
The participants in the case included: Howard J. Stanislawski, and Patrick K. O'Keefe, Sidley Austin, for the protester. Kristi Morgan Aronica, and Mark A. Weitz, Weitz Morgan, for KLN Steel Products Company,, the intervenor. Christopher S. Cole, and Alexis J. Bernstein, Department of the Air Force, for the agency. Louis A. Chiarella, and Peter H. Tran, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Upholds Part of Bid Protest by Safal Partners of Houston, Texas
WASHINGTON, Jan. 29 -- The Government Accountability Office has issued a decision sustaining in part and denying in part a bid protest filed by Safal Partners of Houston, Texas.
According to the GAO, Safal Partners "protests the issuance of a task order to Manhattan Strategy Group, LLC (MSG), of Bethesda, Maryland, under request for quotations No. 91990018Q0023, issued by the Department of Education for support of the Charter Schools Program. The protester asserts that the agency's evaluation of Safal's quotation was unreasonable, the conduct of discussions was unreasonable, and the agency conducted
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WASHINGTON, Jan. 29 -- The Government Accountability Office has issued a decision sustaining in part and denying in part a bid protest filed by Safal Partners of Houston, Texas.
According to the GAO, Safal Partners "protests the issuance of a task order to Manhattan Strategy Group, LLC (MSG), of Bethesda, Maryland, under request for quotations No. 91990018Q0023, issued by the Department of Education for support of the Charter Schools Program. The protester asserts that the agency's evaluation of Safal's quotation was unreasonable, the conduct of discussions was unreasonable, and the agency conducteda flawed analysis of whether MSG's subcontractor had an impaired objectivity organizational conflict of interest."
The bid protest decision (B-416937,B-416937.2) was issued on January 15, 2019 (https://www.gao.gov/products/B-416937,B-416937.2).
In its findings, the GAO said: "1. Protest that the agency unreasonably evaluated the protester's technical quotation is denied where any errors in the evaluation were not prejudicial to the protester.
2. Protest that the agency conducted unfair discussions is denied where, in this Federal Acquisition Regulation subpart 8.4 procurement, the agency was required to request a price reduction, and other requested changes to the price quotations did not constitute discussions.
3. Protest that awardee's subcontractor has an unmitigated impaired objectivity organizational conflict of interest is sustained where the agency's initial analysis relied on vendors' self-certifications, and the agency's post-protest analysis was based on a mistake of material fact and the application of an improper legal standard."
The participants in the case included: Adam K. Lasky, David Y. Yang, Erich Potter, and Daniel P. Radthorne, Oles Morrison Rinker & Baker, for the protester. Antonio R. Franco, Michelle E. Litteken, Patrick T. Rothwell, and Jacqueline K. Unger, Piliero Mazza, for Manhattan Strategy Group, the intervenor. Mark Motta, and Michael S. Taylor, Department of Education, for the agency. Kenneth Kilgour, and Jennifer D. Westfall-McGrail, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies in Part Protest by ACI Technologies of Philadelphia, Pennsylvania
WASHINGTON, Jan. 26 -- The Government Accountability Office has issued a decision denying in part and dismissing in part a bid protest filed by ACI Technologies of Philadelphia, Pennsylvania.
According to the GAO, ACI Technologies "protests the issuance of solicitation No. N00164-18-9-0001 by the Department of the Navy, Naval Surface Warfare Center, with the intent of entering into an other transaction agreement (OTA) for prototype projects. The protester argues that the solicitation anticipates performance of work that is not related to prototype projects and is therefore outside the agency's
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WASHINGTON, Jan. 26 -- The Government Accountability Office has issued a decision denying in part and dismissing in part a bid protest filed by ACI Technologies of Philadelphia, Pennsylvania.
According to the GAO, ACI Technologies "protests the issuance of solicitation No. N00164-18-9-0001 by the Department of the Navy, Naval Surface Warfare Center, with the intent of entering into an other transaction agreement (OTA) for prototype projects. The protester argues that the solicitation anticipates performance of work that is not related to prototype projects and is therefore outside the agency'sstatutory authority for OTAs, and that the solicitation improperly provides for work that duplicates existing research."
The bid protest decision (B-417011) was issued on January 17, 2019 (https://www.gao.gov/products/B-417011).
In its findings, the GAO said: "Protest challenging the issuance of a solicitation that anticipates selection of a consortium to enter into an other transaction agreement (OTA) for prototype projects is denied in part and dismissed in part where the anticipated work is within the agency's statutory authority to enter into OTAs, and where the protester fails to provide adequate factual support for its contention that the work is duplicative of existing research."
The participants in the case included: H. Todd Whay, The Whay Law Firm, for the protester. D. Randall Kemplin, Christopher A. Monsey, and Eric Van Wiltenburg, Department of the Navy, for the agency. Jonathan L. Kang, and Laura Eyester, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies in Part Protest by Carolina Linkages of Charleston, South Carolina
WASHINGTON, Jan. 26 -- The Government Accountability Office has issued a decision denying in part and dismissing in part a bid protest filed by Carolina Linkages of Charleston, South Carolina.
According to the GAO, Carolina Linkages "protests the award of a contract to Synergy Logistics Services, LLC (SLS), of North Kansas City, Missouri, under request for proposals (RFP) No. SP3300-18-R-5004, issued by the Defense Logistics Agency as a small business set-aside for warehouse distribution services in the territory of Guam. Safe Ports argues that the agency misevaluated the SLS proposal and unreasonably
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WASHINGTON, Jan. 26 -- The Government Accountability Office has issued a decision denying in part and dismissing in part a bid protest filed by Carolina Linkages of Charleston, South Carolina.
According to the GAO, Carolina Linkages "protests the award of a contract to Synergy Logistics Services, LLC (SLS), of North Kansas City, Missouri, under request for proposals (RFP) No. SP3300-18-R-5004, issued by the Defense Logistics Agency as a small business set-aside for warehouse distribution services in the territory of Guam. Safe Ports argues that the agency misevaluated the SLS proposal and unreasonablymade award to that firm."
The bid protest decision (B-417079) was issued on January 24, 2019 (https://www.gao.gov/products/B-417079).
In its findings, the GAO said: "Protest challenging agency's evaluation of joint venture's past performance based on past performance examples performed by the constituent members of the joint venture is denied where nothing in the solicitation prohibited the agency from evaluating those examples."
The participants in the case included: William T. Welch, McMahon, Welch and Learned, for the protester. David E. Fletcher, and Brenna D. Duncan, Perkins Coie, for Synergy Logistics Services, an intervenor. Timothy J. Ryan, Timothy L. Wilson, and Daniel K. Poling, Defense Logistics Agency, for the agency.
Scott H. Riback, and Tania Calhoun, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Battistella S.P.A. of Vincenza, Italy
WASHINGTON, Jan. 26 -- The Government Accountability Office has issued a decision denying a bid protest filed by Battistella S.P.A. of Vincenza, Italy.
According to the GAO, Battistella S.P.A. "protests the agency's failure to award the firm a contract under request for proposals (RFP) No. W912PF-18-R-0003, issued by the Department of the Army for a multiple-award task order contract (MATOC) to provide design-build and design-bid-build construction services in Vincenza, Italy. Battistella alleges that the agency unreasonably evaluated its proposal and improperly made its source selection decision."
The
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WASHINGTON, Jan. 26 -- The Government Accountability Office has issued a decision denying a bid protest filed by Battistella S.P.A. of Vincenza, Italy.
According to the GAO, Battistella S.P.A. "protests the agency's failure to award the firm a contract under request for proposals (RFP) No. W912PF-18-R-0003, issued by the Department of the Army for a multiple-award task order contract (MATOC) to provide design-build and design-bid-build construction services in Vincenza, Italy. Battistella alleges that the agency unreasonably evaluated its proposal and improperly made its source selection decision."
Thebid protest decision (B-416597.4) was issued on January 24, 2019 (https://www.gao.gov/products/B-416597.4).
In its findings, the GAO said: "Protest is denied where the agency's evaluation and source selection decision were consistent with the terms of the solicitation and applicable procurement statutes and regulations."
The participants in the case included: Monica Battistella, Battistella S.p.A., for the protester. Richard B. Oliver, Glenn Sweatt, and J. Matthew Carter, Pillsbury Winthrop Shaw Pittman, for Environmental Chemical Corporation Italy srl, the intervenor. Major Ronald Herrmann, 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 Wyle Laboratories of Huntsville, Alabama
WASHINGTON, Jan. 26 -- The Government Accountability Office has issued a decision denying a bid protest filed by Wyle Laboratories of Huntsville, Alabama.
According to the GAO, Wyle Laboratories "challenges the rejection of its quotation and the issuance of a task order to Deloitte Consulting LLP, of Arlington, Virginia, under request for quotations (RFQ) No. 01C18Q0106, issued by the Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP), for professional, technical, and operational support services, in support of DHS's Office of Facilities and Asset Management. Wyle
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WASHINGTON, Jan. 26 -- The Government Accountability Office has issued a decision denying a bid protest filed by Wyle Laboratories of Huntsville, Alabama.
According to the GAO, Wyle Laboratories "challenges the rejection of its quotation and the issuance of a task order to Deloitte Consulting LLP, of Arlington, Virginia, under request for quotations (RFQ) No. 01C18Q0106, issued by the Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP), for professional, technical, and operational support services, in support of DHS's Office of Facilities and Asset Management. Wylecontends that the agency improperly failed to conduct a comparative assessment of the vendors quotations prior to selecting Deloitte to receive the order."
The bid protest decision (B-416528.2) was issued on January 11, 2019 (https://www.gao.gov/products/B-416528.2).
In its findings, the GAO said: "Protest challenging the agency's rejection of a quotation for the issuance of a task order is denied where the agency reasonably concluded it would not be in privity of contract with the entity that would be performing the work."
The participants in the case included: Alexander J. Brittin, Brittin Law Group; and Jonathan D. Shaffer, and Mary Pat Buckenmeyer, Smith Pachter McWhorter, for the protester. Keith R. Szeliga, and Adam A. Bartolanzo, and Shaunna E. Bailey, Sheppard, Mullin, Richter & Hampton, for Deloitte Consulting, the intervenor. Carl J. Vernetti, Department of Homeland Security, for the agency. Heather Weiner, and Jennifer D. Westfall-McGrail, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Sustains Protest by Hi-Tech Bed Systems of Wheatland, Wyoming
WASHINGTON, Jan. 25 -- The Government Accountability Office has issued a decision sustaining a bid protest filed by Hi-Tech Bed Systems of Wheatland, Wyoming.
According to the GAO, Hi-Tech Bed Systems "challenges the issuance of a General Services Administration (GSA) Federal Supply Schedule (FSS) order to Chicago American Manufacturing LLC, a small business located in Chicago, Illinois, under request for quotations (RFQ) No. W912DY-18-T-0175, issued by the Department of the Army for the provision of lift deck beds for eight buildings located at the Naval Station Great Lakes. The protester primarily
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WASHINGTON, Jan. 25 -- The Government Accountability Office has issued a decision sustaining a bid protest filed by Hi-Tech Bed Systems of Wheatland, Wyoming.
According to the GAO, Hi-Tech Bed Systems "challenges the issuance of a General Services Administration (GSA) Federal Supply Schedule (FSS) order to Chicago American Manufacturing LLC, a small business located in Chicago, Illinois, under request for quotations (RFQ) No. W912DY-18-T-0175, issued by the Department of the Army for the provision of lift deck beds for eight buildings located at the Naval Station Great Lakes. The protester primarilyargues that the awardee quoted a bed that was not listed on its GSA schedule."
The bid protest decision (B-416972,B-416972.2) was issued on January 16, 2019 (https://www.gao.gov/products/B-416972,B-416972.2).
In its findings, the GAO said: "Protest challenging agency's issuance of a Federal Supply Schedule order is sustained where agency failed to meaningfully consider whether an item quoted by the awardee met the solicitation requirement that quoted items be listed on the vendor's schedule contract and comply with the contract's testing requirements."
The participants in the case included: H. Todd Whay, The Whay Law Firm, for the protester. James W. Kim, and Llewelyn Engel, McDermott Will & Emery, for Chicago American Manufacturing, the intervenor. Garry L. Brewer, and Barbara Hebel, Department of the Army, for the agency. Alexander O. Levine, and Jennifer D. Westfall-McGrail, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Allied Synergy International of Franklin Furnace, Ohio
WASHINGTON, Jan. 20 -- The Government Accountability Office has issued a decision denying a bid protest filed by Allied Synergy International of Franklin Furnace, Ohio.
According to the GAO, Allied Synergy International "protests the award of a contract to SC Jones Services, Inc. (SCJS), of Hampton, Virginia, also a small business, under request for proposals (RFP) No. 80KSC018R0014, issued by the National Aeronautics and Space Administration (NASA), for commercial grounds maintenance, landscaping, and pest control services at the John F. Kennedy Space Center (KSC) and surrounding areas, in Florida.
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WASHINGTON, Jan. 20 -- The Government Accountability Office has issued a decision denying a bid protest filed by Allied Synergy International of Franklin Furnace, Ohio.
According to the GAO, Allied Synergy International "protests the award of a contract to SC Jones Services, Inc. (SCJS), of Hampton, Virginia, also a small business, under request for proposals (RFP) No. 80KSC018R0014, issued by the National Aeronautics and Space Administration (NASA), for commercial grounds maintenance, landscaping, and pest control services at the John F. Kennedy Space Center (KSC) and surrounding areas, in Florida.ASI contends that NASA misevaluated SCJS's price and awarded the contract based on the erroneous conclusion that SCJS's was the lowest-priced technically acceptable proposal."
The bid protest decision (B-417036) was issued on January 16, 2019 (https://www.gao.gov/products/B-417036).
In its findings, the GAO said: "Protest that agency misevaluated offerors' prices is denied where the agency's price evaluation for indefinite-delivery, indefinite-quantity contract line items, which used estimated quantities specified in the solicitation, was reasonable and consistent with the price evaluation described in the solicitation."
The participants in the case included: Ryan P. Slaughter, the protester.
Kathryn V. Flood, Piliero Mazza, for SC Jones Services, the intervenor.
Alexander T. Bakos, Steven Horn, and Vincent A. Salgado, National Aeronautics and Space Administration, for the agency. Paul N. Wengert, and Tania Calhoun, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by NCI Information Systems of Reston, Virginia
WASHINGTON, Jan. 20 -- 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 task orders to ERPSI, of Gambrills, Maryland; Leidos Innovations Corp., of Rockville, Maryland; and REI Systems Inc., of Chantilly, Virginia, by the Department of Homeland Security (DHS), United States Citizenship and Immigration Services (USCIS), pursuant to request for proposals (RFP) No. 70SBUR18R00000008 for outcome based software development and operations services.
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WASHINGTON, Jan. 20 -- 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 task orders to ERPSI, of Gambrills, Maryland; Leidos Innovations Corp., of Rockville, Maryland; and REI Systems Inc., of Chantilly, Virginia, by the Department of Homeland Security (DHS), United States Citizenship and Immigration Services (USCIS), pursuant to request for proposals (RFP) No. 70SBUR18R00000008 for outcome based software development and operations services.The protester alleges that the agency's evaluation of NCI's proposal was unreasonable."
The bid protest decision (B-416926,B-416926.2,B-416926.3) was issued on January 9, 2019 (https://www.gao.gov/products/B-416926,B-416926.2,B-416926.3).
In its findings, the GAO said: "Protest challenging agency's evaluation of protester's proposal is denied where the evaluation conclusions were reasonable, consistent with the solicitation, and did not employ unstated evaluation criteria."
The participants in the case included: Daniel P. Graham, Caroline E. Colpoys, John M. Satira, and Parker Hancock, Vinson & Elkins, for the protester. John Cornell, Department of Homeland Security, for the agency. Nora K. Adkins, and Amy B. Pereira, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Dismisses Protest by Adams & Associates of Reno, Nevada
WASHINGTON, Jan. 20 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by Adams and Associates of Reno, Nevada.
According to the GAO, Adams & Associates "protests the award of contracts to Management & Training Corporation, of Centerville, Utah, under request for proposals Nos. 1630J5-17-R-00003 and 1630J2-18-R-00004, which were issued by the Department of Labor (DOL), for the operation of the Atterbury Job Corps Center in Edinburgh, Indiana, and the Earle C. Clements Job Corps Center in Morganfield, Kentucky. Adams primarily alleges that the agency is
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WASHINGTON, Jan. 20 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by Adams and Associates of Reno, Nevada.
According to the GAO, Adams & Associates "protests the award of contracts to Management & Training Corporation, of Centerville, Utah, under request for proposals Nos. 1630J5-17-R-00003 and 1630J2-18-R-00004, which were issued by the Department of Labor (DOL), for the operation of the Atterbury Job Corps Center in Edinburgh, Indiana, and the Earle C. Clements Job Corps Center in Morganfield, Kentucky. Adams primarily alleges that the agency isbiased and retaliating against the company, as well as challenges the agency's evaluation of proposals, and its resulting source selection decisions."
The bid protest decision (B-417120,B-417125) was issued on January 16, 2019 (https://www.gao.gov/products/B-417120,B-417125).
In its findings, the GAO said: "1. Post-award protests alleging that all procuring agency headquarters procurement personnel are biased and incapable of reasonably evaluating the protester's proposals are dismissed as untimely where the protester was aware of the underlying facts giving rise to its bias and retaliation allegations prior to the closing dates for the receipt of proposals, and failed to timely challenge the issue prior to proposal submission.
2. Remaining protest allegations are dismissed where the agency has proposed adequate corrective action, including the reevaluation of proposals and issuance of new selection decisions, that will render the protests academic."
The participants in the case included: G. Lindsay Simmons, and Hopewell H. Darneille III, Jackson Kelly, for the protester. Alex P. Hontos, Daniel Falknor, and Phil Steger, Dorsey & Whitney, for Management & Training Corporation, the intervenor. Dennis A. Adelson, and Jose Otero, Department of Labor, for the agency. Evan D. Wesser, Jonathan L. Kang, and Edward Goldstein, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Dismisses Protest by Lawson Environmental Services of Caledonia, Missouri
WASHINGTON, Jan. 20 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by Lawson Environmental Services of Caledonia, Missouri.
According to the GAO, Lawson Environmental Services "protests the award of a contract to Eagle Eye -- Enviroworks Joint Venture, a small business of Anchorage, Alaska, under request for proposals (RFP) No. 68HE0718R0009, issued by the Environmental Protection Agency (EPA) for environmental remediation services at the Big River Mine Tailings Site, Operable Unit 1, St. Francois County, Missouri. Lawson argues that the EPA's decision
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WASHINGTON, Jan. 20 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by Lawson Environmental Services of Caledonia, Missouri.
According to the GAO, Lawson Environmental Services "protests the award of a contract to Eagle Eye -- Enviroworks Joint Venture, a small business of Anchorage, Alaska, under request for proposals (RFP) No. 68HE0718R0009, issued by the Environmental Protection Agency (EPA) for environmental remediation services at the Big River Mine Tailings Site, Operable Unit 1, St. Francois County, Missouri. Lawson argues that the EPA's decisionto refer Eagle Eye to the Small Business Administration (SBA) for a certificate of competency (COC) was in error."
The bid protest decision (B-416892,B-416892.2) was issued on January 8, 2019 (https://www.gao.gov/products/B-416892,B-416892.2).
In its findings, the GAO said: "Protest that contracting agency improperly referred awardee to the Small Business Administration for consideration under certificate of competency procedures is dismissed where allegations do not fall within exceptions that allow for review by our Office."
The participants in the case included: Theodore P. Watson, Watson & Associates, for the protester. William K. Walker, Walker Reasusaw, for Eagle Eye - Enviroworks Joint Venture, the intervenor. Kathleen Clever, and Demetra Salisbury, Environmental Protection Agency, and Sam Q. Le, Small Business Administration, for the agencies. Louis A. Chiarella, and Peter H. Tran, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Dehler Manufacturing of San Antonio, Texas
WASHINGTON, Jan. 17 -- The Government Accountability Office has issued a decision denying a bid protest filed by Dehler Manufacturing of San Antonio, Texas.
According to the GAO, Dehler Manufacturing "protests the issuance of a delivery order to J. Squared, Inc., d/b/a University Loft Company (University Loft), of Greenfield, Indiana, under request for quotations (RFQ) No. W912DY-18-T-0144, issued by the Department of the Army, Army Corps of Engineers, Huntsville Engineering & Support Center (Corps), for furniture items. Dehler argues the Corps' evaluation of the vendor's quotation was improper,
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WASHINGTON, Jan. 17 -- The Government Accountability Office has issued a decision denying a bid protest filed by Dehler Manufacturing of San Antonio, Texas.
According to the GAO, Dehler Manufacturing "protests the issuance of a delivery order to J. Squared, Inc., d/b/a University Loft Company (University Loft), of Greenfield, Indiana, under request for quotations (RFQ) No. W912DY-18-T-0144, issued by the Department of the Army, Army Corps of Engineers, Huntsville Engineering & Support Center (Corps), for furniture items. Dehler argues the Corps' evaluation of the vendor's quotation was improper,and that the Small Business Administration (SBA) erred in denying Dehler a Certificate of Competency (COC) because the procuring agency failed to present vital information to the SBA bearing on the firm's responsibility."
The bid protest decision (B-416939) was issued on January 10, 2019 (https://www.gao.gov/products/B-416939).
In its findings, the GAO said: "Protest that the Small Business Administration (SBA) failed to consider vital information bearing on the protester's responsibility in denying the issuance of a certificate of competency is denied where there is no evidence that the procuring agency provided incorrect information or withheld information from the SBA."
The participants in the case included: Kristi Morgan Aronica, and Mark A. Weitz, Weitz Morgan, for the protester. Howard J. Stanislawski, and Patrick K. O'Keefe, Sidley Austin, on behalf of J. Squared d/b/a University Loft Company, the intervenor. Garry L. Brewer, Department of the Army, and Sam Q. Le, Small Business Administration, for the agencies. Louis A. Chiarella, and Peter H. Tran, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by PTC of Needham, Massachusetts
WASHINGTON, Jan. 17 -- The Government Accountability Office has issued a decision denying a bid protest filed by PTC of Needham, Massachusetts.
According to the GAO, PTC "challenges a notice of intent to award a sole-source contract to Siemens Government Technologies, Inc., of Arlington, Virginia, issued by the Department of the Air Force for product lifecycle management (PLM) software. The protester alleges that the agency's justification and approval (J&A) supporting the proposed sole-source contract is not consistent with the cited regulatory authority, and is based on a flawed cost analysis."
The
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WASHINGTON, Jan. 17 -- The Government Accountability Office has issued a decision denying a bid protest filed by PTC of Needham, Massachusetts.
According to the GAO, PTC "challenges a notice of intent to award a sole-source contract to Siemens Government Technologies, Inc., of Arlington, Virginia, issued by the Department of the Air Force for product lifecycle management (PLM) software. The protester alleges that the agency's justification and approval (J&A) supporting the proposed sole-source contract is not consistent with the cited regulatory authority, and is based on a flawed cost analysis."
Thebid protest decision (B-416863) was issued on December 20, 2018 (https://www.gao.gov/products/B-416863).
In its findings, the GAO said: "Proposed award of a sole-source contract for software license reactivation to the original software developer is unobjectionable where the agency reasonably determined that its large existing inventory of licenses for older versions of the software could be reactivated and standardized to a single version at a significantly lower cost than purchasing new licenses for other similar software, and where the record reflects that this cost differential was not likely to be recovered through competition."
The participants in the case included: Andrew E. Shipley, and Phillip E. Beshara, Wilmer, Cutler, Pickering, Hale, and Dorr, for the protester.
Jeffery M. Chiow, Stephen L. Bacon, Lucas T. Hanback, and Robert S. Metzger, Rogers, Joseph, O'Donnell, for Siemens Government Technologies, the intervenor. Alexis J. Bernstein, and Heather M. Mandelkehr, Department of the Air Force, for the agency. Michael Willems, and Edward Goldstein, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Global Logistics Providers of Stamford, Connecticut
WASHINGTON, Jan. 16 -- The Government Accountability Office has issued a decision denying a bid protest filed by Global Logistics Providers of Stamford, Connecticut.
According to the GAO, Global Logistics Providers "protests the award of indefinite-delivery/indefinite-quantity (IDIQ) contracts to four other firms by the Department of the Army, Regional Contracting Office-Africa, under request for proposals (RFP) No. W56PFY-18-R-0001, for surface distribution services within the United States Africa Command (USAFRICOM) area of responsibility (AOR). Global protests that the agency's evaluation ignored
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WASHINGTON, Jan. 16 -- The Government Accountability Office has issued a decision denying a bid protest filed by Global Logistics Providers of Stamford, Connecticut.
According to the GAO, Global Logistics Providers "protests the award of indefinite-delivery/indefinite-quantity (IDIQ) contracts to four other firms by the Department of the Army, Regional Contracting Office-Africa, under request for proposals (RFP) No. W56PFY-18-R-0001, for surface distribution services within the United States Africa Command (USAFRICOM) area of responsibility (AOR). Global protests that the agency's evaluation ignoredparts of its proposal and was unreasonable."
The bid protest decision (B-416843) was issued on December 26, 2018 (https://www.gao.gov/products/B-416843).
In its findings, the GAO said: "Protest challenging the agency's evaluation of protester's proposal is denied where the record shows that the evaluation was reasonable and consistent with the solicitation's evaluation criteria."
The participants in the case included: Bryant E. Gardner, and Brooke F. Shapiro, Winston & Strawn, for the protester. Stephen Smith, and Scott N. Flesch, Department of the Army, for the agency. John Sorrenti, and Christina Sklarew, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Systems Analysis & Integration of San Diego, California.
WASHINGTON, Jan. 12 -- The Government Accountability Office has issued a decision denying a bid protest filed by Systems Analysis and Integration of San Diego, California.
According to the GAO, Systems Analysis & Integration "protests the award of a contract to HSQ Technology, of Hayward, California, under request for quotations (RFQ) No. W912P518T0003, issued by the Department of the Army, Army Corps of Engineers, for a supply contract to replace components of the supervisory control and data acquisition (SCADA) system at four master power plants and five remote power plants. The protester complains
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WASHINGTON, Jan. 12 -- The Government Accountability Office has issued a decision denying a bid protest filed by Systems Analysis and Integration of San Diego, California.
According to the GAO, Systems Analysis & Integration "protests the award of a contract to HSQ Technology, of Hayward, California, under request for quotations (RFQ) No. W912P518T0003, issued by the Department of the Army, Army Corps of Engineers, for a supply contract to replace components of the supervisory control and data acquisition (SCADA) system at four master power plants and five remote power plants. The protester complainsthat the agency failed to hold meaningful discussions and unreasonably evaluated its quotation."
The bid protest decision (B-416899.2,B-416899.3) was issued on January 2, 2019 (https://www.gao.gov/products/B-416899.2,B-416899.3).
In its findings, the GAO said: "1. Protest that agency failed to hold meaningful discussions with protester is denied where protester did not get discussion letter because agency sent discussion letter to an email address with a typographical error that was included in the protester's quotation for its primary contact.
2. Protest that agency unreasonably evaluated protester's quotation as unacceptable is denied where protester failed to provide information required by the solicitation."
The participants in the case included: Steven J. Koprince, Matthew Moriarty, Shane J. McCall, and Haley E. Claxton, Koprince Law, for the protester. Bonnie B. Jagoditz, and Johanna L. Anderson, Corps of Engineers, for the agency. Mary G. Curcio, and Laura Eyester, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Dismisses Protest by Miracorp of Gilbert, Arizona
WASHINGTON, Jan. 12 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by Miracorp of Gilbert, Arizona.
According to the GAO, Miracorp "protests the issuance of a delivery order to RiVidium, Inc., an 8(a) small business located in Manassas, Virginia, under request for quotations (RFQ) No. 89503118RWA000008, issued by the Department of Energy (DOE), for administrative support services. MIRACORP, which is the incumbent contractor for the requirement, challenges the agency's evaluation and award decision."
The bid protest decision (B-416917) was issued on
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WASHINGTON, Jan. 12 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by Miracorp of Gilbert, Arizona.
According to the GAO, Miracorp "protests the issuance of a delivery order to RiVidium, Inc., an 8(a) small business located in Manassas, Virginia, under request for quotations (RFQ) No. 89503118RWA000008, issued by the Department of Energy (DOE), for administrative support services. MIRACORP, which is the incumbent contractor for the requirement, challenges the agency's evaluation and award decision."
The bid protest decision (B-416917) was issued onJanuary 2, 2019 (https://www.gao.gov/products/B-416917).
In its findings, the GAO said: "Protester is not an interested party to challenge issuance of a delivery order set aside for participants in the Small Business Administration's 8(a) program where the delivery order was issued under a multiple-award contract not initially set aside for 8(a) competition, and where the protester had graduated from the 8(a) program, and therefore, was not an 8(a) program participant eligible for award on the date specified in the solicitation for receipt of quotations."
The participants in the case included: Thomas K. David, Kenneth Brody, and Katherine David, David, Brody & Dondershine, for the protester. James Y. Boland, and Spencer P. Williams, Venable, for RiVidium, the intervenor. John L. Bowles, and Stephanie B. Young, Department of Energy, and Sam Le, Small Business Administration, for the agencies. Heather Weiner, and Jennifer D. Westfall-McGrail, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Dehler Manufacturing of San Antonio, Texas
WASHINGTON, Jan. 12 -- The Government Accountability Office has issued a decision denying in part and dismissing in part a bid protest filed by Dehler Manufacturing of San Antonio, Texas.
According to the GAO, Dehler Manufacturing "protests the Department of the Army's award of a contract to Chicago American Manufacturing, of Chicago, Illinois, pursuant to request for quotations (RFQ) No. W912DY-18-T-0113, to provide and install furnishings at specified locations at Fort Jackson, South Carolina. Dehler protests that the agency unreasonably evaluated Dehler's past performance as unacceptable and/or
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WASHINGTON, Jan. 12 -- The Government Accountability Office has issued a decision denying in part and dismissing in part a bid protest filed by Dehler Manufacturing of San Antonio, Texas.
According to the GAO, Dehler Manufacturing "protests the Department of the Army's award of a contract to Chicago American Manufacturing, of Chicago, Illinois, pursuant to request for quotations (RFQ) No. W912DY-18-T-0113, to provide and install furnishings at specified locations at Fort Jackson, South Carolina. Dehler protests that the agency unreasonably evaluated Dehler's past performance as unacceptable and/orimproperly found Dehler nonresponsible. Dehler also protests the Small Business Administration's (SBA) decision not to issue a certificate of competency (COC)."
The bid protest decision (B-416819,B-416819.2) was issued on December 19, 2018 (https://www.gao.gov/products/B-416819,B-416819.2).
In its findings, the GAO said: "1. Agency reasonably evaluated protester's quotation as unacceptable with regard to past performance, where information in the past performance information retrieval system established that protester's performance under four recent contracts had been assessed as marginal or unsatisfactory.
2. Protest that an agency acted improperly in requesting an assessment of the protester's responsibility in connection with the placement of a task order under the Federal Supply Schedule is denied; while an agency is not required to make a new responsibility determination in a task order procurement conducted pursuant to Federal Acquisition Regulation subpart 8.4, it is not precluded from doing so.
3. Protest record fails to provide an adequate basis for Government Accountability Office to consider protester's challenge to the Small Business Administration's denial of a certificate of competency."
The participants in the case included: Kristi Morgan Aronica, and Mark A. Weitz, Weitz Morgan, for the protester. James W. Kim, and Llewelyn M. Engel, McDermott Will & Emery, for the intervenor. Garry L. Brewer, Department of the Army, for the agency. Glenn G. Wolcott, and Christina Sklarew, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Miltope of Hope Hull, Alabama
WASHINGTON, Jan. 12 -- The Government Accountability Office has issued a decision denying a bid protest filed by Miltope of Hope Hull, Alabama.
According to the GAO, Miltope "protests its exclusion from the competitive range and subsequent award of a contract to Leonardo DRS, of Arlington, Virginia, under request for proposals (RFP) No. W15QKN-18-R-0037, issued by the Department of the Army, for multipurpose standard automatic test equipment. The protester contends that the agency altered the settings on its sample prior to testing, contrary to the solicitation's evaluation criteria, resulting
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WASHINGTON, Jan. 12 -- The Government Accountability Office has issued a decision denying a bid protest filed by Miltope of Hope Hull, Alabama.
According to the GAO, Miltope "protests its exclusion from the competitive range and subsequent award of a contract to Leonardo DRS, of Arlington, Virginia, under request for proposals (RFP) No. W15QKN-18-R-0037, issued by the Department of the Army, for multipurpose standard automatic test equipment. The protester contends that the agency altered the settings on its sample prior to testing, contrary to the solicitation's evaluation criteria, resultingin its lower test score and elimination from the competition. The protester also argues the agency's testing was inaccurate and unreliable."
The bid protest decision (B-416859.2,B-416859.3) was issued on January 8, 2019 (https://www.gao.gov/products/B-416859.2,B-416859.3).
In its findings, the GAO said: "1. An agency's assertion that the protester's challenge to its exclusion from the competitive range is untimely is unavailing where the protester's contention is that the agency failed to test the protester's sample in accordance with the solicitation, and the record shows that the protester could not have known its basis for protest, despite its receipt of a pre-award debriefing, prior to return of the sample to the protester, which did not occur until after contract award.
2. Protester's contention that the agency improperly changed the display resolution setting prior to testing the protester's sample is denied where the record does not establish that the agency changed the setting."
The participants in the case included: Howard J. Stanislawski, and Patrick K. O'Keefe, Sidley Austin, for the protester. W. Jay DeVecchio, Kevin P. Mullen, Rachael K. Plymale, and Caitlin A. Crujido, Morrison & Foerster, for Leonardo DRS, the intervenor. Jonathan A. Hardage, and Jered J. Leo, Department of the Army, for the agency. Charmaine A. Stevenson, and Laura Eyester, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Falken USVI of St. Thomas, U.S. Virgin Islands
WASHINGTON, Jan. 12 -- The Government Accountability Office has issued a decision denying a bid protest filed by Falken USVI of St. Thomas, U.S. Virgin Islands.
According to the GAO, Falken USVI "protests the issuance of a purchase order to Ranger American of the VI Inc., a small business located in St. Thomas, U.S. Virgin Islands, by the Department of Homeland Security, Federal Emergency Management Agency (FEMA), pursuant to request for quotations (RFQ) No. 70FBR218Q00000999_01 for security guard services at various U.S. Virgin Island locations. The protester alleges that the agency failed to
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WASHINGTON, Jan. 12 -- The Government Accountability Office has issued a decision denying a bid protest filed by Falken USVI of St. Thomas, U.S. Virgin Islands.
According to the GAO, Falken USVI "protests the issuance of a purchase order to Ranger American of the VI Inc., a small business located in St. Thomas, U.S. Virgin Islands, by the Department of Homeland Security, Federal Emergency Management Agency (FEMA), pursuant to request for quotations (RFQ) No. 70FBR218Q00000999_01 for security guard services at various U.S. Virgin Island locations. The protester alleges that the agency failed toreasonably evaluate Falken's and Ranger's quotations regarding Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Stafford Act) eligibility. See 42 U.S.C. ** 5121 et. seq. The protester also alleges that the agency's Stafford Act eligibility evaluation did not treat vendors equally."
The bid protest decision (B-416581.2) was issued on January 2, 2019 (https://www.gao.gov/products/B-416581.2).
In its findings, the GAO said: "Protest challenging agency's evaluation under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. * 5121 et. seq. is denied where the agency's evaluation was reasonable, and treated the vendors equally."
The participants in the case included: Kenneth A. Martin, The Martin Law Firm, for the protester. Jonathan D. Shaffer, John S. Pachter, Mary Pat Buckenmeyer, and Julia S. Shagovac, Smith Pachter McWhorter, for Ranger American of the VI, the intervenor. Hillary J. Freund and Rina Martinez, Department of Homeland Security, for the agency. Nora K. Adkins and Amy B. Pereira, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by DynaLantic of Ozark, Alabama
WASHINGTON, Jan. 12 -- The Government Accountability Office has issued a decision denying a bid protest filed by DynaLantic of Ozark, Alabama.
According to the GAO, DynaLantic "protests the exclusion of its proposal from the competitive range under request for proposals (RFP) No. W900KK-18-R-0004, issued by the Department of the Army, Army Contracting Command-Orlando, for the production, installation, and support of two utility helicopter (UH)-60A flight training devices (FTDs). DynaLantic protests that the agency unreasonably evaluated its proposal and improperly eliminated DynaLantic from the
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WASHINGTON, Jan. 12 -- The Government Accountability Office has issued a decision denying a bid protest filed by DynaLantic of Ozark, Alabama.
According to the GAO, DynaLantic "protests the exclusion of its proposal from the competitive range under request for proposals (RFP) No. W900KK-18-R-0004, issued by the Department of the Army, Army Contracting Command-Orlando, for the production, installation, and support of two utility helicopter (UH)-60A flight training devices (FTDs). DynaLantic protests that the agency unreasonably evaluated its proposal and improperly eliminated DynaLantic from thecompetitive range."
The bid protest decision (B-416855) was issued on December 26, 2018 (https://www.gao.gov/products/B-416855).
In its findings, the GAO said: "Protest challenging the agency's evaluation of protester's proposal and its exclusion from the competitive range is denied where the record shows that the evaluation was reasonable and consistent with the solicitation's evaluation criteria, and where the agency reasonably determined that the protester's proposal was unacceptable."
The participants in the case included: Jennifer S. Zucker, and Daniel D. Straus, Greenberg Traurig, for the protester. Lynn Marshall, Department of the Army, for the agency. John Sorrenti, and Christina Sklarew, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by TWD & Associates of McLean, Virginia
WASHINGTON, Jan. 12 -- The Government Accountability Office has issued a decision denying a bid protest filed by TWD and Associates of McLean, Virginia.
According to the GAO, TWD & Associates "protests the Department of the Navy's award of a task order to Booz Allen Hamilton, Inc., of McLean, Virginia, pursuant to request for proposals (RFP) No. N00174-17-R-3024, to provide information technology (IT) support services for the Naval Sea Systems Command (NAVSEA). TWD, the incumbent contractor, challenges various aspects of the agency's source selection process, including the agency's technical evaluation,
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WASHINGTON, Jan. 12 -- The Government Accountability Office has issued a decision denying a bid protest filed by TWD and Associates of McLean, Virginia.
According to the GAO, TWD & Associates "protests the Department of the Navy's award of a task order to Booz Allen Hamilton, Inc., of McLean, Virginia, pursuant to request for proposals (RFP) No. N00174-17-R-3024, to provide information technology (IT) support services for the Naval Sea Systems Command (NAVSEA). TWD, the incumbent contractor, challenges various aspects of the agency's source selection process, including the agency's technical evaluation,past performance evaluation, and cost realism evaluation."
The bid protest decision (B-416834,B-416834.2,B-416834.3) was issued on December 26, 2018 (https://www.gao.gov/products/B-416834,B-416834.2,B-416834.3).
In its findings, the GAO said: "1. Protest challenging the agency's assessment of various strengths and weaknesses in protester's technical proposal is denied where protest fails to establish that the agency's evaluation was unreasonable.
2. Protester's assertion that its prior ratings as the incumbent contractor entitled it to a substantial confidence past performance rating, rather than a satisfactory confidence rating, is denied.
3. Cost realism evaluation was reasonable where the agency upwardly adjusted protester's labor rates for failing to adequately substantiate rates that were based on decreasing current employees' salaries."
The participants in the case included: J. Scott Hommer III, Rebecca E. Pearson, Michael T. Francel, and Christopher G. Griesedieck, Venable, for the protester. Gary J. Campbell, G. Matthew Koehl, and Nathaniel J. Greeson, Womble Bond Dickinson (US), for Booz Allen Hamilton, the intervenor. Abigail T. Stokes, Gwendolyn A. Iaci, Allison M. Genco, and Toya H. Davis, Department of the Navy, for the agency. Glenn G. Wolcott, and Christina Sklarew, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by American Southwest Electric of Las Vegas, Nevada
WASHINGTON, Jan. 12 -- The Government Accountability Office has issued a decision denying a bid protest filed by American Southwest Electric of Las Vegas, Nevada.
According to the GAO, American Southwest Electric "protests the award of a contract to Ames Construction, Inc., of Aurora, Colorado, under invitation for bids (IFB) No. W9128F18B0006, issued by the Department of the Army, Corps of Engineers (Corps), Omaha District, for the construction of a replacement irrigation diversion weir and fish bypass channel. The protester argues that the Corps improperly awarded the contract before time had
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WASHINGTON, Jan. 12 -- The Government Accountability Office has issued a decision denying a bid protest filed by American Southwest Electric of Las Vegas, Nevada.
According to the GAO, American Southwest Electric "protests the award of a contract to Ames Construction, Inc., of Aurora, Colorado, under invitation for bids (IFB) No. W9128F18B0006, issued by the Department of the Army, Corps of Engineers (Corps), Omaha District, for the construction of a replacement irrigation diversion weir and fish bypass channel. The protester argues that the Corps improperly awarded the contract before time hadexpired for the Small Business Administration (SBA) to issue a certificate of competency (COC) to ASE."
The bid protest decision (B-416918) was issued on December 20, 2018 (https://www.gao.gov/products/B-416918).
In its findings, the GAO said: "1. Protest that the contracting officer improperly failed to withhold award for 15 business days following the referral of a nonresponsibility determination to the Small Business Administration (SBA) under its certificate of competency (COC) procedure is denied where the record reflects that the SBA did not respond to the contracting officer with a COC determination within 15 business days.
2. Protest that the contracting officer improperly denied a request by the Small Business Administration for additional time to consider issuing a certificate of competency is denied where the protester has not shown that the contracting officer's action was the result of fraud or bad faith."
The participants in the case included: Scott R. Sleight, Ahlers Cressman & Sleight, for the protester. Tristan Brown, Thomas Tracy, and Stanley E. Tracey, Department of the Army, for the agency. Heather Weiner, and Jennifer D. Westfall-McGrail, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Science Applications International of Reston, Virginia
WASHINGTON, Jan. 10 -- The Government Accountability Office has issued a decision denying a bid protest filed by Science Applications International of Reston, Virginia.
According to the GAO, Science Applications International "protests the issuance of a task order to CACI, Inc.-Federal, of Chantilly, Virginia, under task order request (TORFP) No. ID07180010, issued by the General Services Administration (GSA) on behalf of the Army Research Development and Engineering Command, Communications-Electronics, Research, Development and Engineering Center, Intelligence and Information Warfare Directorate,
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WASHINGTON, Jan. 10 -- The Government Accountability Office has issued a decision denying a bid protest filed by Science Applications International of Reston, Virginia.
According to the GAO, Science Applications International "protests the issuance of a task order to CACI, Inc.-Federal, of Chantilly, Virginia, under task order request (TORFP) No. ID07180010, issued by the General Services Administration (GSA) on behalf of the Army Research Development and Engineering Command, Communications-Electronics, Research, Development and Engineering Center, Intelligence and Information Warfare Directorate,for system innovation and engineering support. SAIC challenges the agency's evaluation and selection decision."
The bid protest decision (B-416780) was issued on December 17, 2018 (https://www.gao.gov/products/B-416780).
In its findings, the GAO said: "Agency's selection of a lower-rated, lower-priced quotation for award is unobjectionable where the agency's tradeoff decision was reasonable and adequately documented."
The participants in the case included: James J. McCullough, Michael J. Anstett, and Anayansi Rodriguez, Fried, Frank, Harris, Shriver & Jacobson, for the protester. Sharon L. Larkin, and Elizabeth Ferrell, Larkin Ferrell, for CACI,-Federal, the intervenor. Amy A. Cook, General Services Administration, for the agency. Heather Weiner, and Jennifer D. Westfall-McGrail, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Dismisses Protest by Dehler Manufacturing of San Antonio, Texas
WASHINGTON, Jan. 9 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by Dehler Manufacturing of San Antonio, Texas.
According to the GAO, Dehler Manufacturing "protests the issuance of a delivery order to Chicago American Manufacturing LLC, of Chicago, Illinois, under request for quotations (RFQ) No. W912DY-18-T-0241, issued by the Department of the Army, Corps of Engineers, Huntsville Army Engineering & Support Center (Corps), for the provision and installation of furnishings. Dehler argues the Small Business Administration (SBA) erred in denying Dehler
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WASHINGTON, Jan. 9 -- The Government Accountability Office has issued a decision dismissing a bid protest filed by Dehler Manufacturing of San Antonio, Texas.
According to the GAO, Dehler Manufacturing "protests the issuance of a delivery order to Chicago American Manufacturing LLC, of Chicago, Illinois, under request for quotations (RFQ) No. W912DY-18-T-0241, issued by the Department of the Army, Corps of Engineers, Huntsville Army Engineering & Support Center (Corps), for the provision and installation of furnishings. Dehler argues the Small Business Administration (SBA) erred in denying Dehlera Certificate of Competency (COC) review based on an allegedly incorrect size status determination of the vendor."
The bid protest decision (B-416963) was issued on December 20, 2018 (https://www.gao.gov/products/B-416963).
In its findings, the GAO said: "1. Protest that Small Business Administration (SBA) improperly failed to follow its own regulations in connection with deciding whether protester was a small business concern, and thus eligible for the Certificate of Competency program, is dismissed because protest essentially challenges SBA's determination of protester's small business size status, which is within SBA's exclusive statutory authority to determine and not for review under Government Accountability Office Bid Protest Regulations.
2. Protester is not an interested party to challenge substance of contracting agency's evaluation of its quotation where record shows that protester is not a small business, and procurement is set aside for exclusive small business participation."
The participants in the case included: Kristi Morgan Aronica, and Mark A. Weitz, Weitz Morgan, for the protester. James W. Kim, and Llewelyn M. Engel, McDermott Will & Emery, for Chicago American Manufacturing, the intervenor.
Garry L. Brewer, and Barbara Hebel, Department of the Army, and Sam Q. Le, Small Business Administration, for the agencies. Louis A. Chiarella, and Peter H. Tran, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by UltiSat of Gaithersburg, Maryland
WASHINGTON, Jan. 9 -- The Government Accountability Office has issued a decision denying a bid protest filed by UltiSat of Gaithersburg, Maryland.
According to the GAO, UltiSat "protests the issuance of a task order to DRS Global Enterprise Solutions, Inc., of Dulles, Virginia, pursuant to request for quotations (RFQ) No. 70FA5018Q00000001, issued by the Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), for contingency satellite services. UltiSat challenges various aspects of the evaluation of quotations and the resulting source selection decision."
The bid protest
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WASHINGTON, Jan. 9 -- The Government Accountability Office has issued a decision denying a bid protest filed by UltiSat of Gaithersburg, Maryland.
According to the GAO, UltiSat "protests the issuance of a task order to DRS Global Enterprise Solutions, Inc., of Dulles, Virginia, pursuant to request for quotations (RFQ) No. 70FA5018Q00000001, issued by the Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), for contingency satellite services. UltiSat challenges various aspects of the evaluation of quotations and the resulting source selection decision."
The bid protestdecision (B-416809,B-416809.2,B-416809.3) was issued on December 18, 2018 (https://www.gao.gov/products/B-416809,B-416809.2,B-416809.3).
In its findings, the GAO said: "1. Protest alleging awardee's quotation failed to fully comply with solicitation's request for proof of commitment for satellite bandwidth is denied where protester cannot establish competitive prejudice because its quotation contained similar deficiencies.
2. Protest challenging the evaluation of quotations is denied where the awardee's superior ratings stemmed from differences in the quotations and not from disparate treatment."
The participants in the case included: Alexander B. Ginsberg, Megan D. Doherty, Aaron S. Ralph, and J. Matthew Carter, Pillsbury Winthrop Shaw Pittman, for the protester. David Z. Bodenheimer, and Robert J. Sneckenberg, Crowell & Moring, for DRS Global Enterprise Solutions, the intervenor. Matthew G. Lane, and Samantha S. Ahrendt, Department of Homeland Security, for the agency. Noah B. Bleicher, and Peter H. Tran, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Strategi Consulting of Chevy Chase, Maryland, Signature Consulting Group of Windsor Mill, Maryland
WASHINGTON, Jan. 9 -- The Government Accountability Office has issued a decision denying a bid protest filed by Strategi Consulting of Chevy Chase, Maryland, and Signature Consulting Group of Windsor Mill, Maryland.
According to the GAO, Strategi Consulting and Signature Consulting Group "protest the issuance of a task order to NewWave Telecom & Technologies, Inc., of Elkridge, Maryland, by the Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS), under task order request for proposals (TORP) No. 75FCMC18R0003, for support of the Center for Medicare & Medicaid
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WASHINGTON, Jan. 9 -- The Government Accountability Office has issued a decision denying a bid protest filed by Strategi Consulting of Chevy Chase, Maryland, and Signature Consulting Group of Windsor Mill, Maryland.
According to the GAO, Strategi Consulting and Signature Consulting Group "protest the issuance of a task order to NewWave Telecom & Technologies, Inc., of Elkridge, Maryland, by the Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS), under task order request for proposals (TORP) No. 75FCMC18R0003, for support of the Center for Medicare & MedicaidInnovation (CMMI). Strategi and Signature each argue that the agency unreasonably found its proposal technically unacceptable, and Signature additionally argues that, even if the agency reasonably found its proposal technically unacceptable, the agency improperly failed to consider its proposal in a cost-technical tradeoff for the award."
The bid protest decision (B-416867,B-416867.4) was issued on December 21, 2018 (https://www.gao.gov/products/B-416867,B-416867.4).
In its findings, the GAO said: "1. Protest challenging the assignment of an unacceptable rating to the protester's proposal based on its failure to provide an adequately detailed work breakdown structure is denied where the agency's evaluation was reasonable and consistent with the terms of the solicitation.
2. Protest challenging the assignment of deficiencies to the protester's proposal based on the lack of detail regarding its approach to the solicitation's technical requirements is denied where the agency's evaluation was reasonable and consistent with the terms of the solicitation.
3. Protest that the agency failed to seek additional information regarding the protester's unacceptable proposal is denied where the agency was not obligated to seek out information regarding the protester's technical approach that the protester contends was "too close at hand" for the agency to ignore.
4. Protest that the agency failed to consider the protester's proposal in a cost-technical tradeoff award decision is denied where the agency reasonably concluded that the proposal was technically unacceptable and therefore not eligible for award."
The participants in the case included: Steven M. Masiello, and, Thomas F. Rath, Dentons US, for Strategi Consulting, and Jerry Alfonso Miles, Deale Services, for Signature Consulting Group, the protesters. Philip J. Davis, Kara M. Sacilotto, Kendra P. Norwood, Gary S. Ward, and Sarah B. Hansen, Wiley Rein, for NewWave Telecom & Technologies, the intervenor. Douglas W. Kornreich, and Lucy G. Mac Gabhann, Department of Health and Human Services, for the agency. Jonathan L. Kang, and Laura Eyester, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by NextStep Technology of Lorton, Virginia
WASHINGTON, Jan. 5 -- The Government Accountability Office has issued a decision denying a bid protest filed by NextStep Technology of Lorton, Virginia.
According to the GAO, NextStep Technology "protests the establishment of a blanket purchase agreement (BPA) with Federal Integrated Systems Corporation (Federal), of Alexandria, Virginia, under request for quotations (RFQ) No. 693JJ418Q000011, issued by the United States Department of Transportation for professional and administrative support services for various divisions of the Federal Motor Carrier Safety Administration (FMCSA). The protester
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WASHINGTON, Jan. 5 -- The Government Accountability Office has issued a decision denying a bid protest filed by NextStep Technology of Lorton, Virginia.
According to the GAO, NextStep Technology "protests the establishment of a blanket purchase agreement (BPA) with Federal Integrated Systems Corporation (Federal), of Alexandria, Virginia, under request for quotations (RFQ) No. 693JJ418Q000011, issued by the United States Department of Transportation for professional and administrative support services for various divisions of the Federal Motor Carrier Safety Administration (FMCSA). The protesterargues that the agency's evaluation of its quotation under the past performance factor and the resulting best-value tradeoff decision were improper."
The bid protest decision (B-416877) was issued on January 3, 2019 (https://www.gao.gov/products/B-416877).
In its findings, the GAO said: "Protest challenging the agency's evaluation of quotations and the resulting best-value decision is denied where the record shows that the agency's evaluation and award decisions were reasonable and consistent with the solicitation."
The participants in the case included: Vincent Viriya for the protester.
Matthew T. Schoonover, Koprince Law, for Federal Integrated Systems, the intervenor. Jean D. Wulff, and Chioma M. Ayogu, Department of Transportation, for the agency. Paula A. Williams, and Edward Goldstein, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by Network Security Systems Plus of Falls Church, Virginia
WASHINGTON, Jan. 5 -- The Government Accountability Office has issued a decision denying a bid protest filed by Network Security Systems Plus of Falls Church, Virginia.
According to the GAO, Network Security Systems Plus "protests the issuance of a task order to AbleVets, LLC, of Chantilly, Virginia, under task order request for proposals (RFP) No. N65236-18-R-3086, issued by the Department of the Navy, Space and Naval Warfare Systems Command (SPAWAR), for cyber security service provider (CSSP) vulnerability analysis and audit support. NSSPlus, the incumbent contractor, challenges the evaluation
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WASHINGTON, Jan. 5 -- The Government Accountability Office has issued a decision denying a bid protest filed by Network Security Systems Plus of Falls Church, Virginia.
According to the GAO, Network Security Systems Plus "protests the issuance of a task order to AbleVets, LLC, of Chantilly, Virginia, under task order request for proposals (RFP) No. N65236-18-R-3086, issued by the Department of the Navy, Space and Naval Warfare Systems Command (SPAWAR), for cyber security service provider (CSSP) vulnerability analysis and audit support. NSSPlus, the incumbent contractor, challenges the evaluationof technical and cost proposals, and contends that the Navy's best-value tradeoff decision was unreasonable."
The bid protest decision (B-416755) was issued on Dec. 6, 2018 (https://www.gao.gov/products/B-416755).
In its findings, the GAO said: "1. Protest that the agency misevaluated the awardee's proposal is denied, where the agency reasonably considered information within the evaluation team's personal knowledge concerning dates of performance.
2. Protest that the agency conducted a faulty cost realism analysis is denied, where the record shows that the agency reasonably considered the awardee's forward pricing rate proposal and supporting documentation."
The participants in the case included: Michael J. Schrier, and Matthew A. Freeman, Duane Morris, for the protester. Jeffrey S. Robinette, Jill K. McDowell, and Jason P. Matechak, Impresa Legal Group, for AbleVets, the intervenor. David White, and Mark S. Christopher, Department of the Navy, for the agency. Paula J. Haurilesko, and Laura Eyester, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by BeaverFit North America of Reno, Nevada
WASHINGTON, Jan. 4 -- The Government Accountability Office has issued a decision denying a bid protest filed by BeaverFit North America of Reno, Nevada.
According to the GAO, BeaverFit North America "protests the award of a contract to Mobile Fitness Equipment, Inc. (MFE), of Braintree, Massachusetts, under request for quotations (RFQ) No. W9124718R0020, issued by the Department of the Army, Mission Installation Contracting Command, for shipping container gyms. BeaverFit alleges that the agency unreasonably evaluated quotations and made an unreasonable source selection decision."
The bid protest
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WASHINGTON, Jan. 4 -- The Government Accountability Office has issued a decision denying a bid protest filed by BeaverFit North America of Reno, Nevada.
According to the GAO, BeaverFit North America "protests the award of a contract to Mobile Fitness Equipment, Inc. (MFE), of Braintree, Massachusetts, under request for quotations (RFQ) No. W9124718R0020, issued by the Department of the Army, Mission Installation Contracting Command, for shipping container gyms. BeaverFit alleges that the agency unreasonably evaluated quotations and made an unreasonable source selection decision."
The bid protestdecision (B-416893,B-416893.2,B-416893.3,B-416893.4) was issued on December 27, 2018 (https://www.gao.gov/products/B-416893,B-416893.2,B-416893.3,B-416893.4).
In its findings, the GAO said: "Protest that the agency unreasonably evaluated the protester's quotation as technically unacceptable is denied where the protester's quotation did not contain technical descriptions of proposed fitness equipment as required by the solicitation."
The participants in the case included: Grant B. Schweikert, and Gregory H. Petkoff, Jenner & Block, for the protester. David T. Ralston Jr., Frank S. Murray, Micah T. Zomer, and Krista A. Nunez, Foley & Lardner, for Mobile Fitness Equipment, the intervenor. Lt. Col. Robert B. Nelson, Department of the Army, for the agency. Todd C. Culliton, and Scott H. Riback, Office of the General Counsel, GAO, participated in the preparation of the decision.
