GAO Bid Protests
News stories on federal bid protest decisions issued by the GAO General Counsel.
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GAO Denies Protest by ARTi of Virginia
WASHINGTON, July 8 -- The Government Accountability Office has issued a decision on July 6, 2022, denying a bid protest dated July 6, 2022, filed by ARTi Inc., Hampton, Virginia.
According to the GAO, ARTi Inc. "protests the terms of request for proposals (RFP) No. W911S022R0012, issued by the Department of the Army to provide support services for its Army Training Information System. The protester contends that the solicitation improperly provides for award on a lowest-price, technically acceptable (LPTA) basis when it also invites offerors to submit alternate proposals. We deny the protest."
The
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WASHINGTON, July 8 -- The Government Accountability Office has issued a decision on July 6, 2022, denying a bid protest dated July 6, 2022, filed by ARTi Inc., Hampton, Virginia.
According to the GAO, ARTi Inc. "protests the terms of request for proposals (RFP) No. W911S022R0012, issued by the Department of the Army to provide support services for its Army Training Information System. The protester contends that the solicitation improperly provides for award on a lowest-price, technically acceptable (LPTA) basis when it also invites offerors to submit alternate proposals. We deny the protest."
Thebid protest decision (B-420699) was issued on July 6, 2022 (https://www.gao.gov/products/b-420699).
In its findings, the GAO said: "Protest that solicitation improperly provides for award on a lowest-price, technically acceptable basis when it also invites offerors to submit alternate proposals is denied because, contrary to the protester's argument, the solicitation of alternate proposals does not mean the agency cannot evaluate those proposals on a binary basis."
The participants in the case included: Robert M. Holmes, Jr., ARTi, Inc., for the protester. Weston E. Borkenhagen, and Jill B. Wiley, Department of the Army, for the agency. Elizabeth R. Walsh, Scott H. Riback, and Tania Calhoun, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by 3 Companies of Texas, Virginia
WASHINGTON, July 8 -- The Government Accountability Office has issued a decision on July 6, 2022, denying a bid protest dated June 23, 2022, filed by DynCorp International LLC, Fort Worth, Texas; PAE Aviation and Technical Services LLC, Arlington, Virginia; and M1 Support Services, Denton, Texas.
According to the GAO, DynCorp International LLC, PAE Aviation and Technical Services LLC and M1 Support Services "protest the issuance of a task order to Vertex Aerospace, LLC (Vertex), of Greenbelt, Maryland, under Task Order Fair Opportunity Submission Request (FOSR) No. N00421-20-FOSR-NTWL, issued
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WASHINGTON, July 8 -- The Government Accountability Office has issued a decision on July 6, 2022, denying a bid protest dated June 23, 2022, filed by DynCorp International LLC, Fort Worth, Texas; PAE Aviation and Technical Services LLC, Arlington, Virginia; and M1 Support Services, Denton, Texas.
According to the GAO, DynCorp International LLC, PAE Aviation and Technical Services LLC and M1 Support Services "protest the issuance of a task order to Vertex Aerospace, LLC (Vertex), of Greenbelt, Maryland, under Task Order Fair Opportunity Submission Request (FOSR) No. N00421-20-FOSR-NTWL, issuedby the Department of the Navy, Naval Air Systems Command for aircraft maintenance services. The protesters challenge the agency's evaluation of offerors' technical and cost proposals, the availability of Vertex's key personnel, and the agency's best-value determination. Further, DynCorp alleges that the agency failed to properly consider a conflict of interest, and M1 alleges that the agency failed to adequately consider the effect of a recent corporate transaction involving Vertex. We deny the protests."
The bid protest decision (B-420602, B-420602.2, B-420602.3, B-420602.4, B-420602.5, B-420602.6, B-420602.7, B-420602.8, B-420602.9, B-420602.10) was issued on June 23, 2022 (https://www.gao.gov/products/b-420602%2Cb-420602.2%2Cb-420602.3%2Cb-420602.4%2Cb-420602.5%2Cb-420602.6%2Cb-420602.7%2Cb-420602.8%2Cb-420602.9%2Cb-420602.10).
In its findings, the GAO said: "1. Protests challenging agency's cost and technical evaluation are denied where protesters have not demonstrated that the agency's evaluation was unreasonable or inconsistent with the terms of the solicitation. 2. Protest that the agency failed to consider a conflict of interest based on the awardee's hiring of a former government employee is denied where the contracting officer reasonably concluded that the individual in question did not have access to competitively useful information. 3. Protest that the agency did not consider the impact of a corporate transaction involving the awardee is denied where the record demonstrates that the agency was unaware of the transaction and the transaction was not imminent and essentially certain prior to award. "
The participants in the case included: Scott M. McCaleb, Jon W. Burd, Sarah B. Hansen, and W. Benjamin Phillips, III, Wiley Rein LLP, for DynCorp International, LLC; Anuj Vohra, Robert J. Sneckenberg, James G. Peyster, Tyler S. Brown, and Allison Skager, Crowell & Moring LLP, for PAE Aviation and Technical Services LLC; Aron C. Beezley, Lisa A. Markman, and Gabrielle A. Sprio, Bradley Arant Boult Cummings LLP, for M1 Support Services, LP, the protesters. J. Alex Ward, W. Jay DeVecchio, James A. Tucker, Alissandra D. Young, and Markus G. Speidel, Morrison & Foerster LLP, for Vertex Aerospace, LLC, the intervenor. Christopher B. Erly, Morgan E. Gierhart, and Aldo Perez, Department of the Navy, for the agency. David A. Edelstein, and Alexander O. Levine, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Dismisses Protest by Integrated Modern Engineering
WASHINGTON, July 7 -- The Government Accountability Office has issued a decision on July 6, 2022, dismissing a bid protest dated June 29, 2022, filed by Integrated Modern Engineering LLC.
According to the GAO, Integrated Modern Engineering LLC "protests the exclusion of its proposal from the competitive range under request for proposals (RFP) No. W56KGY-22-R-0004, issued by the Department of the Army, Army Contracting Command--Aberdeen Proving Ground, for a commercial software solution for intelligence applications. IME challenges the agency's decision to eliminate its proposal from competition
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WASHINGTON, July 7 -- The Government Accountability Office has issued a decision on July 6, 2022, dismissing a bid protest dated June 29, 2022, filed by Integrated Modern Engineering LLC.
According to the GAO, Integrated Modern Engineering LLC "protests the exclusion of its proposal from the competitive range under request for proposals (RFP) No. W56KGY-22-R-0004, issued by the Department of the Army, Army Contracting Command--Aberdeen Proving Ground, for a commercial software solution for intelligence applications. IME challenges the agency's decision to eliminate its proposal from competitionbased on the evaluation of IME's performance in the phase one product demonstration. We dismiss the protest."
The bid protest decision (B-420636) was issued on June 29, 2022, (https://www.gao.gov/products/b-420636).
In its findings, the GAO said: "Protest filed after the closing date for receipt of proposals is dismissed as untimely where the protester challenges the ground rules for the demonstration phase of the evaluation that were established by the terms of the solicitation."
The participants in the case included: Adam D. Bruski, Warner Norcross + Judd LLP, for the protester. Jonathan A. Hardage, and Michael Skennion, Department of the Army, for the agency. Uri R. Yoo, and Alexander O. Levine, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Sustains Protest by Chicago American Manufacturing of Illinois
WASHINGTON, July 6 -- The Government Accountability Office has issued a decision on July 5, 2022, sustaining a bid protest dated May 23, 2022, filed by Chicago American Manufacturing LLC of Chicago, Illinois.
According to the GAO, Chicago American Manufacturing LLC "protests the issuance of a delivery order to Inovo, Inc., of Brooklyn, New York, under request for quotations (RFQ) No. W912DY-22-Q-0013, issued by the Department of the Army, U.S. Army Corps of Engineers, for new furniture. The protester asserts that the agency improperly evaluated the awardee's quotation as technically acceptable.
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WASHINGTON, July 6 -- The Government Accountability Office has issued a decision on July 5, 2022, sustaining a bid protest dated May 23, 2022, filed by Chicago American Manufacturing LLC of Chicago, Illinois.
According to the GAO, Chicago American Manufacturing LLC "protests the issuance of a delivery order to Inovo, Inc., of Brooklyn, New York, under request for quotations (RFQ) No. W912DY-22-Q-0013, issued by the Department of the Army, U.S. Army Corps of Engineers, for new furniture. The protester asserts that the agency improperly evaluated the awardee's quotation as technically acceptable.We sustain the protest."
The bid protest decision (B-420533, B-420533.2) was issued on May 23, 2022 (https://www.gao.gov/products/b-420533%2Cb-420533.2).
In its findings, the GAO said: "Protest challenging agency's issuance of a delivery order to a firm under its Federal Supply Schedule (FSS) contract is sustained where the awardee quoted a product under its FSS contract that does not meet the requirements of the solicitation."
The participants in the case included: Daniel P. Graham, and Llewelyn M. Engel, McDermott Will & Emery LLP, for the protester. Todd M. Garland, Smith Pachter McWhorter PLC, for Inovo, Inc., the intervenor. B. Seth Johnson, Department of the Army, 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 Protest by Quality Technology of Maryland
WASHINGTON, July 2 -- The Government Accountability Office has issued a decision on July 1, 2022, dismissing a bid protest dated June 30, 2022, filed by Quality Technology Inc. of Lanham, Maryland.
According to the GAO, Quality Technology Inc."protests the issuance of a task order to Sparksoft Corporation, a small business of Columbia, Maryland, under task order request for proposals (RFP) No. 75FCMC21R0042. The Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS) issued the solicitation for information technology (IT) services. The protester challenges the
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WASHINGTON, July 2 -- The Government Accountability Office has issued a decision on July 1, 2022, dismissing a bid protest dated June 30, 2022, filed by Quality Technology Inc. of Lanham, Maryland.
According to the GAO, Quality Technology Inc."protests the issuance of a task order to Sparksoft Corporation, a small business of Columbia, Maryland, under task order request for proposals (RFP) No. 75FCMC21R0042. The Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS) issued the solicitation for information technology (IT) services. The protester challenges theagency's price evaluation, and contends that the agency engaged in unequal discussions. We dismiss the protest."
The bid protest decision (B-420576.3) was issued on June 30, 2022 (https://www.gao.gov/products/b-420576.3).
In its findings, the GAO said: "1. Protest allegations challenging agency's price evaluation are dismissed where certain arguments are untimely challenges to the terms of the solicitation and the remaining allegations fail to set forth a legally sufficient basis of protest. 2. Protest arguing that a prior protest filed with our Office by another offeror constituted discussions with the agency, and the agency was therefore required to conduct discussions with all offerors as part of the agency's reevaluation of proposals, is dismissed as failing to set forth a legally sufficient basis of protest. "
The participants in the case included: Donald J. Walsh, RKW Law Group, for the protester. David B. Dixon, Robert C. Starling, and Toghrul M. Shukurlu, Pillsbury Winthrop Shaw Pittman LLP, for Sparksoft Corportation, the intervenor. William Shim, and Ethan Chae, Department of Health and Human Services, for the agency. Heather Self, and Peter H. Tran, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by RTI International of North Carolina
WASHINGTON, July 2 -- The Government Accountability Office has issued a decision on July 1, 2022, denying a bid protest dated June 13, 2022, filed by RTI International of Research Triangle Park, North Carolina.
According to the GAO, RTI International "protests the award of a contract to Resonance Global (Resonance), of Burlington, Vermont, under request for proposals (RFP) No. 72049721R-00004, which was issued by the United States Agency for International Development (USAID) for collaborative fisheries management in Indonesia. The protester alleges that the agency engaged in misleading discussions
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WASHINGTON, July 2 -- The Government Accountability Office has issued a decision on July 1, 2022, denying a bid protest dated June 13, 2022, filed by RTI International of Research Triangle Park, North Carolina.
According to the GAO, RTI International "protests the award of a contract to Resonance Global (Resonance), of Burlington, Vermont, under request for proposals (RFP) No. 72049721R-00004, which was issued by the United States Agency for International Development (USAID) for collaborative fisheries management in Indonesia. The protester alleges that the agency engaged in misleading discussionsand challenges the best-value award determination. We deny the protest."
The bid protest decision (B-420577) was issued on June 13, 2022 (https://www.gao.gov/products/b-420577).
In its findings, the GAO said: "1. Protest that the agency engaged in misleading discussions is denied where the record provides no basis on which to conclude that discussions were misleading or otherwise improper. 2. Protest challenging agency's selection of lower-rated, lower-cost proposal is denied where the record shows that the source selection decision was reasonable and consistent with the terms of the solicitation."
The participants in the case included: Nooree Lee, J. Hunter Bennett, and Michael W. Pierce, Covington & Burling, LLP, for the protester. Samuel S. Finnerty, Eric A. Valle, Patrick J. Rothwell, and Anna G. Sullivan, Piliero Mazza PLLC, for Resonance Global, the intervenor. Eugene Benick, and John B. Alumbaugh, United States Agency for International Development, for the agency. Paula A. Williams, and Evan D. Wesser, Office of the General Counsel, GAO, participated in the preparation of the decision.
GAO Denies Protest by DarkStar Intelligence of Virginia
WASHINGTON, June 30 -- The Government Accountability Office has issued a decision on June 29, 2022, denying a bid protest dated June 24, 2022, filed by DarkStar Intelligence LLC of Woodbridge, Virginia.
According to the GAO, DarkStar Intelligence LLC "protests the Department of the Interior's (DOI) issuance of a task order on behalf of the Defense Intelligence Agency (DIA) to Chenega Enterprise Systems & Solutions, LLC (ChESS), a small disadvantaged business of Chesapeake, Virginia, under request for quotations (RFQ) No. 140D0422Q0086, for human intelligence (HUMINT) targeting instructors. DarkStar
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WASHINGTON, June 30 -- The Government Accountability Office has issued a decision on June 29, 2022, denying a bid protest dated June 24, 2022, filed by DarkStar Intelligence LLC of Woodbridge, Virginia.
According to the GAO, DarkStar Intelligence LLC "protests the Department of the Interior's (DOI) issuance of a task order on behalf of the Defense Intelligence Agency (DIA) to Chenega Enterprise Systems & Solutions, LLC (ChESS), a small disadvantaged business of Chesapeake, Virginia, under request for quotations (RFQ) No. 140D0422Q0086, for human intelligence (HUMINT) targeting instructors. DarkStarargues that the agency misevaluated quotations and made an unreasonable source selection decision. We deny the protest."
The bid protest decision (B-420609, B-420609.2) was issued on June 24, 2022 (https://www.gao.gov/products/b-420609%2Cb-420609.2).
In its findings, the GAO said: "1. Protest alleging that the awardee should have been disqualified based on its approach to key personnel is denied where the protester has not demonstrated that the awardee made any misrepresentation about its approach and the agency's evaluation of that approach was reasonable and consistent with the terms of the solicitation. 2. Protests challenging the evaluations of past performance and technical quotations and the resulting award decision are denied where the evaluations were reasonable and consistent with the terms of the solicitation and the protester did not demonstrate competitive prejudice resulting from the alleged errors. 3. Protest alleging that the agency conducted discussions with only the awardee is denied where the exchange was a request for a price reduction conducted after the agency had selected the awardee under Federal Acquisition Regulation subpart 8.4. "
The participants in the case included: Edward J. Tolchin, Offit Kurman, P.A., for the protester. William K. Walker, Walker Reausaw, for Chenega Enterprise Systems & Solutions, LLC, the intervenor. Robert D. Banfield, Department of the Interior, for the agency. Samantha S. Lee, and Peter H. Tran, Office of the General Counsel, GAO, participated in the preparation of the decision.
