Protester Requested Reconsideration But Couldn’t Convince GAO There Had Been an Error in the Decision

The agency took corrective action in response to an agency protest. The protester objected to the corrective action. GAO denied the protest. The protester then requested reconsideration, arguing that GAO failed to recognize and apply the nonmanufacturer rule. GAO denied the request because the protester had not disputed the reasonableness of the corrective action.

Mission Analytics, LLC–Reconsideration, GAO B-423165.2

• Request – The agency awarded a contract. The protester filed an agency protest, alleging the agency had not complied with the nonmanufacturer rule. The agency took corrective action, finding the solicitation did not reflect its needs. Thge protester challenged the corrective action. GAO denied the protest. The protester requested reconsideration.
• Nonmanufacturer Rule – The protester insisted GAO’s decision failed to recognize that the nonmanufacturer rule applied no matter the dollar value of the anticipated award. GAO decided that even if this were true, the protester did not allege GAO erred in finding the agency’s corrective action reasonable. The protester never disputed the conflict in the solicitation requirements—i.e., between an Energy Star rating of 8 or higher and the requirement to follow the nonmanufacturer rule. Such a conflict warranted a corrective action.
• Additional Market Research – The protester disagreed that the agency was required to do additional market research to determine if there were two or more SDVOSBs. It averred the agency can award a contract under a set-aside procurement if it only received one acceptable offer, as was the case here. GAO found this was not the case. The protester had alleged that the solicitation was structured in a way that no vendor could provide an acceptable product. Thus, by the protester’s own admission, the agency reasonably decided to conduct additional market research.

The requester/protester was represented by Michael Winters of Mission Analytics, LLC. Mary G. Curcio and John Sorrenti of GAO participated in the preparation of the decision.

— Case summary by Joshua Lim, Assistant Editor.