Courts, Boards, & GAO

Trending Now
Supreme Court Holds that Federal Law Does Not Preempt State Tort Claims When the Contractor’s Own Negligence Causes Injuries • You Can’t Blame the Government for Weather You Could Have Predicted • COFC Holds that USAID Contractors Properly Pleaded Breach of Contract by Improper Mass Termination in Bad Faith/Abuse of Discretion • Bid Protests in Maine • Army Awards $2.7B Contract for Dark Eagle Hypersonic Weapon

Agency Didn’t Err in Finding Proposal Technically Unacceptable; Information Assurance Specialists, Inc. d/b/a Sub U Systems, GAO B-420243, B-420243.2

Protest alleging agency erred in finding protester’s quotation unacceptable is denied. The protester’s quotation did not address all the requirements set forth in the RFQ and included information that undercut its approach.

The Army issued an RFQ seeking executive communication kits—i.e., portable, secure data communications packages. Information Assurance Specialists, Inc. d/b/a Sub U Systems (SUB-U) submitted a quotation. The Army rejected SUB-U’s quotation because it did not address all three network security gateways set forth in the RFQ and did not comply with associated configuration requirements.

SUB-U protested, arguing that the Army had ignored the plain statement it made in its proposal about meeting the RFQ requirements. At the same time, SUB-U argued, the Army accepted the awardee’s blanket statement of compliance.

GAO did not see a problem with the evaluation. Despite its statement of compliance, SUB-U’s quotation only included information for two of the three network security gateways. Moreover, SUB-U included information about its performance in a prior procurement that undercut its statement of compliance. The awardee, on the other hand, did not include information that undercut its quotation.

SUB-U is represented by W. Jay DeVecchio and James A. Tucker of Morrison & Foerster LLP. The agency is represented by Robert L. Miller and Debra J. Talley of the Army. GAO attorneys Samantha S. Lee and Peter H. Tran participated in the preparation of the decision.

Get daily insights on bid protests, CDA claims, and contract litigation that shape the GovCon landscape with our Protests & Claims newsletter, delivering up-to-the-minute intelligence Monday–Saturday — Subscribe here.