The protester argued the solicitation required the agency to conduct discussions so it could supply missing information. GAO disagreed. The solicitation was clear that the agency “may award without discussions.” Thus, the protester’s missing information could not obligate the agency to conduct discussions.
Tech7 Consulting, LLC, GAO B-423206; B-423206.2
- Protest – The protester protested the award of a “approximately ten” IDIQ contracts to provide advisory and assistance services for the Space Force. Specifically, it challenged various aspects of the agency’s evaluation and maintained the agency was obligated to hold discussions.
- Mandatory Discussions – The protester did not dispute that its proposal failed to include required subcontractor cost/price information. Instead, it claimed the solicitation “mandated” discussions be conducted to permit the protester to submit the missing information. The solicitation provision stated, “[i]f, after receipt of proposals, the PCO [procurement contracting officer] determines that there is insufficient data available to complete the cost/price evaluation, the Offeror shall be required to submit additional cost or pricing data.”
- Decision – GAO concluded the protester’s interpretation of the solicitation would nullify the solicitation’s explicit directions regarding the type of information required. The protester’s proposal failed to comply with the solicitation requirements. This did not trigger a requirement for the agency to conduct discussions to cure the flaw. Such an interpretation would run afoul to the solicitation’s explicit permission that the agency “may award without discussions.” Hence, the protest was denied as a whole.
The protester was represented by Shane J. McCall, Nicole D. Pottroff, John L. Holtz, Gregory P. Weber, Stephanie L. Ellis, and Annie E. Birney of Koprince McCall Pottroff, LLC. The intervenors were represented by Kara L. Daniels, Nicole Williamson, and Kyung Liu-Katz of Arnold & Porter Kaye Scholer LLP; Stephan P. Ramaley, Adam A. Bartolanzo, Lyle F. Hedgecock, Lauren S. Fleming, and Kathryn J. Carlson of Miles & Stockbridge PC; Isaias Alba IV, Katherine B. Burrows, Tracey L. Pruiett, Eric A. Valle, and Christopher A. Jannace of Piliero Mazza PLLC; and William M. Pannier of Pannier Law PC. The agency was represented by Nina R. Padalino, Christian H. Robertson II, and Joseph Wendleberger of the Air Force. Glenn G. Wolcott and Christina Sklarew GAO participated in the preparation of the decision.
— Case summary by Joshua Lim, Assistant Editor.
