The agency referred the protester to SBA for a certificate of competency, but the protester never responded to SBA. The protester claimed the agency had given the SBA the wrong email address, so the SBA’s inquiries never reached the protester. But GAO found that any confusion with email addresses was the protester’s fault. The protester had provided the agency with two different emails.
Tunica-Biloxi Services, LLC, GAO B-422571
- The .org Address – The protester submitted the lowest bid in response to an invitation for bids. The agency needed information from the protester for a responsibility determination. The protester’s bid did not include an email address. So, the agency used the address from the protester’s SAM registration. That address had a .org suffix.
- The .com Address – The protester responded to the agency’s email and answered a questionnaire. The protester’s president emailed the response. The signature block on the president’s email had .com email suffix.
- Certificate of Competency – The agency determined the protester was not responsible. Because the protester was a small business, the agency referred the matter to SBA for a certificate of competency determination. The agency’s referral letter used the .com address from the President’s email. SBA used the .com email to ask the protester for additional information. The protester did not respond. SBA informed the agency the protester had not applied for a certificate of competency. The agency made award to another offeror.
- Wrong Email – The protester argued the agency had given SBA the wrong .com email when referring to the matter for a certificate of competency. The protester said the agency should’ve used the .org email from its SAM registration. If the agency had used the right email, the protester reasoned, it would have completed the certificate of competence paperwork.
- Protester’s Fault – GAO found the agency had not acted unreasonably. The protester had created ambiguity by giving the agency two different email addresses.
The protester is represented by Shane J. McCall, Nicole D. Pottroff, John L. Holtz, Stephanie L. Ellis, and Gregory P. Weber of Koprince McCall Pottroff, LLC. The government is represented by Matthew R. Keiser of the Army and Meaghan K, Guerzon of the Small Business Administration. GAO attorneys Heather Self and Pater H. Tran participated in the decision.
--Case summary by Craig LaChance, Editor in Chief