The protester claimed that the awardee misrepresented its compliance with a solicitation's limitations on subcontracting clause. However, the GAO dismissed the protest, ruling that the allegations were speculative and lacked supporting evidence.
Sigo Valiant JV, LLC, GAO, B-424103
- Background - The Department of Veterans Affairs issued an invitation for bids for construction services to expand the Marion National Cemetery in Indiana. The protester, a service-disabled veteran-owned small business joint venture, contended that the awardee's bid included a material misrepresentation related to compliance with subcontracting limitations. Bidders were required to certify that they would not pay more than 85 percent of the amount paid by the government to subcontractors that were not SDVOSBs. The protester asserted that the awardee intended to subcontract most of the work out and that the awardee would perform less than 15 percent of the work on the contract.
- Speculative Assertions - GAO ruled that the protest's allegations were not sufficiently supported by credible evidence. The protester submitted a declaration from a principal of of one of it joint venture memebers. The declaration relised on hearsay from an unidentified individual, which in turn relied on that person's recollections of a conversation with the awardee's supposed subcontractor.
- Material Misrepresentation - GAO further noted that even if it were to credit the declarartionm, it was not clear the awardee had made a material misrepresentation. The awardee had allegedly misrepresented its intention to perform less than 15 percent of the work on the conract. But the solicitation only stated that the awardee would not pay more than 85 percent of the contract to subcontractors. Nothing in the solicitation required the awardee to perform a certin amount of work; it only required the awardee to not pay a certain amount of money to a subcontractor.
The protester is represented by Nicole D. Pottroff, Esq., Shane M. McCall, Esq., John L. Holtz, Esq., Stephanie L. Ellis, Esq., Gregory P. Weber, Esq., and Annie E. Birney, Esq., of Koprince McCall Pottroff LLC. The intervenor, KMC Solutions, LLC, is represented by Diana Parks, Esq., and Hadeel N. Masseoud, Esq., of Curran Legal Services Group, Inc. The government is represented by Marcia McCree, Esq., of the Department of Veterans Affairs. GAO attorneys Christopher Alwood, Esq., and Alexander O. Levine, Esq., participated in the decision.