The protester claimed the agency performed inadequate market research under FAR section 19. GAO dismissed the protest. The agency conducted the acquisition as an FSS procurement under FAR subpart 8.4. The FAR part 19 procedures do not applyto FSS procurements under FAR subpart 8.4.
Aquila Fitness Consulting Systems, Ltd., GAO B-423173
- Protest - The small business protester challenged the terms of a request for quotations (RFQ). This RFQ was issued for physical readiness and wellness program services at the Federal Law Enforcement Training Center (FLETC) in Georgia. The protester argued the agency's decision to set aside the solicitation under the GSA's Federal Supply Schedule (FSS) for women-owned small business (WOSB) concerns was unreasonable.
- Inadequate Market Research - The protester argued the agency's market research was inadequate under FAR part 19 procedures. Allegedly, it violated FAR section 19.1505(a)(1) by failing to determine whether the WOSB venders were capable of performing the "FLETC requirements." The agency responded that its decision to set aside was within its discretion and is a matter of business judgment.
- Decision - GAO sided with the agency. Agencies have discretion to set aside procurements under the FSS. FAR part 19 procedures generally do not apply to an FSS procurement conducted under FAR subpart 8.4. Thus, GAO dismissed the protest finding the protester failed to state legal grounds of protest.
The protester was represented by Alexander J. Brittin of Brittin Law Group, P.L.L.C. The agency was represented by Jonathan E. O’Connell of DOJ. Janis R. Millete and John Sorrenti of GAO participated in the preparation of the decision.
-- Case summary by Joshua Lim, Assistant Editor.