The agency announced its intention to terminate an award and reassess its requirements in response to an agency-level protest. The protester who filed the agency protest filed a GAO protest, arguing that instead of terminating, the agency had to award to the lowest eligible offer. In light of solicitation defects, however, GAO found the agency's decision to terminate reasonable.
Mission Analytics, LLC, GAO B-423165
- Protest - The agency awarded a contract for video display monitors. The protester submitted an agency-level protest. In response, the agency announced its proposed corrective action to terminate the solicitation. The protester then challenged the scope of this proposed corrective action. It argued that the agency should have awarded to the lowest eligible offer rather than terminate.
- Decision - The agency claimed it had to terminate because the contracting officer (CO) incorrectly believed a nonmanufacture rule (NMR) waiver applied to the procurement. But it did not. Thus, the agency reasoned, it had to perform market research and review the solicitation. Furthermore, the solicitation stated the agency would accept offers of the brand-name monitor, but the NMR required the agency to reject such monitors. GAO found that such defects in the solicitation warranted the agency's corrective action of terminating the contract and resoliciting.
The protester was represented by Michael F. Winters. The agency was represented by Daniel J. McFeely of the Department of Veterans Affairs. Michael P. Grogan and Evan D. Wesser of GAO participated in the preparation of the decision.
-- Case summary by Joshua Lim, Assistant Editor