The agency rejected the protester’s proposal for not offering what the agency wanted. The protester claimed it had offered the agency a safer alternative. GAO sided with the agency. The agency was not obligated to consider the protester’s alternative.
Atlantic Diving Supply, Inc., GAO B-421979.4
- Protester’s Proposal Rejected – The solicitation sought ballistic armor kits. The agency rejected the protester’s proposal because the protester had not provided helmets with mesh lining in medium and large sizes as required by the solicitation.
- Protest Argument – The agency had asked the protester to clarify its offer. The protester argued that in response it had told the agency it could provide mesh helmets. But the protester said it had offered helmets with a padded system that was safer. The protester believed the agency had ignored its response.
- Do Not Assume – GAO sided with the agency. The solicitation has specified mesh helmets. The solicitation further stated that any response containing assumptions or conditions would be rejected. The protester had not proposed what the agency was looking for. The agency was not obligated to consider the protester’s clarification.
The protester is represented by Kevin J. Cosgrove of Wilcox & Savage, PC. The agency is represented by Maria DiGiovanni and Katherine Vernet of the General Services Administration. GAO attorneys Christina Milner and Tania Calhoun participated in the decision.
--Case summary by Craig LaChance, Editor in Chief