Courts, Boards, & GAO

Trending Now

“Close Enough” Isn’t Good Enough: Protester’s “Homebrew” Certification Sinks Proposal • Lost in Translation: GAO Upholds Rejection of Lease Written in Japanese • Bid Protests in Alaska • Federal Circuit Holds Challengers to CICA Stay Overrides Need Not Satisfy Four-Factor Injunctive Relief Test • The Clock Is Still Ticking — Claims Timeliness Across the Boards and at the COFC

Published on March 4, 2025 • Law

OHA Sustains Status Protest, Finds Awardee Was Unduly Reliant on a Subcontractor

FAArt PhotoDesign | Shutterstock

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.

Get daily insights on bid protests, CDA claims, and contract litigation that shape the GovCon landscape with our Protests & Claims newsletter, delivering up-to-the-minute intelligence Monday–Saturday — Subscribe here.