The protester argued the agency should not have included the price of the protester’s optional training in the protester’s overall proposed price. If it had not, the protester argued, its quotation would have been the lowest priced. GAO disagreed because the statement of work (SOW) specifically required quotations to include training as part of its total price.
Mission Analytics, LLC, GAO B-423140
- Protest – The agency awarded a contract for multimedia devices for patient engagement and training. The protester maintained that the RFQ should have been set aside for small businesses and that the agency’s evaluation and award decision were unreasonable.
- Small Business Set Aside – The protester alleged the agency had agreed to issue the RFQ as a small business set-aside in response to the protester’s objections to the withdrawn notice of intent to issue a sole-source contract. GAO, however, observed that nothing on the face of the RFQ indicated the agency planned a set-aside. If the protester believed the RFQ should have been set aside, it should have challenged the solicitation before the quotation deadline. GAO dismissed the protest as untimely.
- LPTA Basis – The protester also argued it should have been evaluated as offering the lowest-price, technically acceptable (LPTA) quotation. More specifically, the agency should not have included the price of the protester’s optional training when evaluating the protester’s overall proposed price. Without the training, the protester would have been the lowest-priced quotation. GAO was unconvinced. The SOW specifically required quotations to include training as part of its total price. Thus, it was reasonable for the agency to include the price of the protester’s optional training in the overall proposed price.
Michael Winters, for the protester. The agency was represented by Brandon Dell’Aglio and Jon J. Gottschalk of HHS. Suresh S. Boodram and Evan D. Wesser of GAO, participated in the preparation of the decision.
— Case summary by Joshua Lim, Assistant Editor
