The protester claimed a putative SDVOSB was unduly reliant on its non-SDVOSB subcontractor to perform the contract at issue. OHA agreed. The contract required inspection and certification by NSF-certified technicians. The protester did not employ NSF-certified technicians, but its subcontractor did.
VSBC Protest of Winergy, LLC, SBA No. VSBC-424-P
- Protest – The protester claimed the awardee unduly relied on a non-SDVOSB subcontractor to perform the contract at issue. In particular, the protester noted the procurement called for the inspection and certification of ventilation equipment to be performed by NSF-certified technician. Because the awardee did not employ any such technicians, it would have to rely on its subcontractor.
- Decision – OHA agreed that it appeared the awardee would delegate the primary and vital requirements of the contract to its non-SDVOSB subcontractor. Furthermore, OHA found that the awardee had not shown that it would comply with the limitations on subcontracting. The awardee’s proposal did not identify tasks or functions the company would self-perform, nor did it explain how it would meet limitations on subcontracting restrictions.
Andrew Connor of Winergy, LLC appeared for the protester. Lap Kwan Chu of Atlantic First Industries Corporation appeared for the defendant.
— Case summary by Joshua Lim, Assistant Editor.
