The protester challenged a solicitation amendment that removed a requirement for offerors to have a valid project labor agreement (PLA). GAO found the amendment was reasonable because the multiple award task order contracts (MATOCs) did not contain the necessary FAR clause that permitted the addition of the PLA requirement.
Walsh Construction Company II, LLC, GAO B-423075.2
- Protest - The agency issued a solicitation for the repair and renewal project at Naval Hospital Bremerton in Jackson Park, Washington. The agency amended the solicitation so it no longer required offerors to have a valid PLA. The protester argued that this amendment was improper and violated PLA regulatory requirements. The agency responded that it properly removed the PLA requirements because the multiple award task order contracts (MATOCs) did not include the FAR clause that would have permitted the agency to include it in the task order solicitations.
- Decision - GAO sided with the agency. Neither Executive Order 14063 nor the FAR permit retroactive application of the PLA requirement. This meant that continuing to include it in the task order solicitation would result in an unenforceable breach of the MATOCs. The protest was denied.
The protester was represented by Michael E. Barnicle and Bryan R. Williamson of Arnold & Porter Kaye Scholer, LLP. The intervenor was represented by Reginald M. Jones, Robert D. Pratt, and Jane Jung Hyoun Han of Fox Rothschild LLP. The agency was represented by Tamar Gerhart of the Army. Charmaine A. Stevenson and John Sorrenti of GAO participated in the preparation of the decision.
-- Case summary by Joshua Lim, Assistant Editor