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Was This Agency Too Focused on the Aesthetics of the Protester’s Proposal?

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The protester argued the agency’s concerns with its proposal were trifling, more focused on aesthetics than substance. GAO, however, found the agency’s concerns were not nit-picky complaints about looks. The protester had not meaningfully addressed several crucial factors. 

Pueo Business Solutions, LLC, GAO B-422105 
  • OCI – The protester alleged the awardee had an unequal access to information OCI. The awardee had hired a former agency official. The protester alleged this formed official had been involved in the agency’s procurement activities. GAO found the awardee did not have a disqualifying conflict. The official had left his position 22 months before the agency issued the solicitation. The official had not been involved in the preparation of the solicitation. And the official’s replacement had not discussed the solicitation with their predecessor. 
  • Technical Evaluation – The protester objected to the unacceptable rating it received for its technical proposal. The protester reasoned the agency's concerns “focused on minutia amounting to little more than criticism of the aesthetics of the proposal." GAO, however, found the agency’s concerns were substantive. The proposal provided little detail and failed to meaningfully address several important factors. 

The protester is represented by Ryan C. Bradel and Michael E. Hatch of Ward & Berry, PLLC. The awardee is represented by Stephanie Harden Elizabeth Jochum, Michael Montalbano, David L. Bodner, and Oliver Jury of Blank Rome LLP. The agency is represented by Reza Behinia and Peter S. Kozlowski of the Department of Veterans Affairs. GAO attorneys Michael P. Grogan and Evan D. Wesser participated in the decision. 

--Case summary by Craig LaChance, Senior Editor 

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