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Protester Said Agency’s Interpretation of Relevant Experience Was Unreasonable. GAO Disagreed.

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The protester argued the agency misinterpreted the RFQ to require experience with a budget formulation system (BFS) at the agency level when the RFQ only required experience managing a comparable budgeting system for an agency. GAO found the agency's interpretation was reasonable, so it denied the protest.

cFocus Software, Inc., GAO B-422970; B-422970.2
  • Protest - The agency issued an RFQ to procure operation and maintenance services. The protester argued the RFQ only required vendors demonstrate experience managing a comparable budgeting system for any major federal agency. Instead, the agency interpreted the solicitation to require vendors to demonstrate managing, operating, and enhancing a BFS at the "Agency level." The protester had only managed a budgeting system at the sub-agency level, so the agency rejected its quotation.
  • Decision - GAO found the agency's interpretation reasonable. Vendors had to demonstrate experience managing, operating, and enhancing a BFS. The protester's interpretation was unreasonable because it ignored tasks two and three, which required vendors to maintain the EPA's BFS. This ran afoul to the RFQ's description that "relevant" experience must be similar in scope to maintaining EPA's BFS. Therefore, it the protester's experience was "not relevant." The protester had only demonstrated experience at the subagency level. It had not managed a BFS for an agency receiving and managing its own appropriation.

The protester was represented by John R. Tolle and H. Todd Whay of Baker, Cronogue, Tolle & Werfel, LLP. The intervenor was represented by John J. O’Brien of Cordatis Law LLP. The agency was represented by Katherine Vernet of GSA. Todd C. Culliton and Tania Calhoun of GAO participated in the preparation of the decision.

-- Case summary by Joshua Lim, Assistant Editor.

cFocus Software, Inc.

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