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Published on May 28, 2024 • Law

Requirement Was “Comparatively Stringent” But Not Unduly Restrictive

The solicitation required that experience references have a $40 million value. The protester said this was unreasonable and precluded small businesses from competing. GAO found the requirement was stringent but not irrational.

WILLCOR, Inc., GAO B-4222358

Unduly Restrictive Requirement – The solicitation said experience references had to have a $40 million value. The protester argued the $40 million threshold was unduly restrictive. The protester maintained the threshold was unrelated to an offeror’s ability to perform and precluded small businesses from competing.
Stringent But Not Unduly Restrictive – GAO found the $40 million was comparatively stringent but not restrictive. The $40 million threshold was not a gate criterion—that is, not having a $40 million reference would not make an offeror ineligible. Offerors would still be evaluated under other criteria. While this requirement may make it hard for some businesses to compete, it was reasonable.
Incumbent Advantage – The protester claimed the $40 million threshold gave the incumbent an almost dispositive advantage. Maybe so, said GAO, but it was not required to equalize an incumbent's advantage.

The protester is represented by Brian Willoughby. The agency is represented by Sarah M. Erly, John W. Torresala, Mai Oanh P. Ho, and Erin L. Hernandez of the Navy. GAO attorneys Sarah T. Zaffina and Jennifer D. Westfall-McGrail participated in the decision.

--Case summary by Craig LaChance, Editor in Chief

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