The solicitation sought berets. The agency didn’t like the protester’s beret. The protester complained, but GAO found the agency had properly rejected a defective beret.
Jensen Promotional Items, Inc., GAO B-421884.2
- Rejected Beret – The solicitation sought berets. The agency rejected the protester’s beret, finding that it had a visible seam.
- Evaluation Method – The protester argued the solicitation had not provided specific evaluation methods for the berets. The protester thought the agency had simply made a method up. GAO rejected this argument. The absence of specific procedures for examining berets gave the agency broad discretion in the evaluation. The record showed the agency had performed a detailed visual inspection to ensure the berets were consistent with specifications.
- Unacceptable Rating – The protester contended the solicitation did not advise that a visible seam would result in an absolute rejection. The protester maintained that while its beret may have merited a weakness, its proposal should not have been rejected outright. GAO disagreed. The solicitation stated that failure to conform specifications would result in rejection of the entire proposal. The protester had not demonstrated the deficiency with its beret was insignificant.
- Bias – The protester argued the agency rejected its beret because the agency was upset about the protester’s performance on a different contract. GAO didn’t see it. Berets were blindly evaluated. There was no evidence the evaluators even knew they evaluated a beret from the protester.
The protester is represented by Ruth E. Ganister of Rosenthal and Ganister, LLC. The agency is represented by Gregory Mathews of the Defense Logistics Agency. GAO attorneys Michael P. Price and John Sorrenti participated in the decision.
–Case summary by Craig LaChance, Senior Editor
