New Bid Protest Decisions Issued by GAO - February 2016


One Win, And Three Losses for Government Contractors that filed Bid Protest's at the GAO. 

As this is usually the case with Bid Protests at the GAO, a win and three losses.  What is not reported is when agencies  take corrective actions.  

If a contractor decides to file a Bid Protest at the GAO or even the agency level and the agency decides to make a corrective action to correct their error in the award or issuance of the RFP/RFQ, these cases do not require a written decision from the GAO, they are simply dismissed by the GAO.  These contractor wins are not reported. 


The Government Accountability Office (GAO) today issued the following legal decisions and opinions of the Comptroller General:

Bid Protest Decisions:

B-412442,B-412442.2, American Technology Solutions International Corporation, February 12, 2016,B-412442.2

American Technology Solutions International Corporation (ATSI), of Fredericksburg, Virginia, protests the issuance of a task order to Epsilon, Inc., of Weaverville, North Carolina, by the United States Marine Corps, Marine Corps Systems Command, under task order request for proposals (TORFP) No. N00024-15-R-3296 for information technology (IT) services to support the agency's training and education command. ATSI alleges that the agency's evaluation of its proposal was unreasonable and that its best-value tradeoff decision was flawed.

We deny the protest.

B-412280.2, Penn Parking, Inc., February 17, 2016

Penn Parking, Inc., of Hanover, Maryland, a small business, protests the Department of Health and Human Services, National Institutes of Health's (NIH) award of a contract to Mid-Atlantic Services Group, Inc., of Silver Spring, Maryland, a small business, pursuant to request for proposals (RFP) No. NIHOD2015062, for parking services at NIH's main campus in Bethesda, Maryland. Penn Parking asserts that Mid-Atlantic's proposal was unacceptable because it failed to comply with a material term of the solicitation.

We deny the protest.

B-412245.3, Spur Design, LLC, February 24, 2016

Spur Design, LLC (Spur) of Oklahoma City, Oklahoma, protests the Department of Veterans Affairs' (VA) decision not to set aside for service-disabled veteran-owned small business (SDVOSB) or veteran-owned small business (VOSB) concerns solicitation number VA-255-15-R-0752 for architect/engineer (A/E) services. Spur, an SDVOSB, argues that the VA decision not to set the solicitation aside for SDVOSB concerns was in contravention of the VA Acquisition Regulation (VAAR) 819.7004 and 819.7005.

We sustain the protest.

B-411742.4, Trandes Corporation, February 22, 2016

Trandes Corporation, of Lanham, Maryland, protests the terms of request for proposals (RFP) No. N00024-13-R-3184, issued by the Department of the Navy, Naval Air Warfare Center Aircraft Division, for field engineering services in support of the Fleet Area Control and Surveillance Facility (FACSFAC), comprised of FACSFAC air control tracking system and the FACSFAC Navy Scheduling System, located at various FACSFAC sites. RFP, Statement of Work, at 24.

We deny the protest.