The protester argued that selecting the awardee's higher-priced proposal was government waste. GAO didn't agree. It found that the solicitation explicitly allowed for awards to higher-priced bids when they were technically superior. Because the protester did not challenge the overall evaluation, GAO dismissed the protest.
East Coast Flight Services, Inc., GAO B-423977
- Background - The protester challenged a contract award for fixed-wing services. The protester argued that the agency made an unreasonable award decision based on the awardee’s higher price.
- Price Evaluation - The protester argued that the award to the higher-priced proposal constituted government waste. However, the solicitation explicitly allowed for awards to higher-priced, technically superior bids, making the argument legally insufficient. GAO determined that simply citing a higher price does not establish improper agency action, especially since the protester did not challenge the agency’s overall evaluation.
- Unsuccessful Offeror Notice - The protester claimed that the unsuccessful offeror notice contained incorrect information. Nonetheless, GAO indicated that issues related to post-award notices are procedural and do not affect the validity of the award itself. Since the adequacy of such notices doesn’t provide grounds for protest, this claim was likewise dismissed.
- Evaluation of Past Performance - The protester contended that it had relevant past performance that should have been considered. However, the solicitation limited consideration of past performance to projects completed within three years prior to the proposal submission. Since the protester’s cited experience fell outside this timeframe, GAO found no basis to dispute the agency’s evaluation, leading to dismissal of this protest ground as well.
The protester is represented by Edward C. Ambler. The intervenor, CSI Aviation, Inc., is represented by Jennifer S. Zucker, Esq., and Christopher O’Brien, Esq., of Greenberg Traurig, LLP. The government is represented by Colonel Justin A. Silverman and Kelsi Pilcher, Esq., of the Department of the Air Force. GAO attorneys Jacob M. Talcott, Esq., and Heather Weiner, Esq., participated in the decision.