Chaedrol GAO Protest Log 20240923: Excelsior Ambulance, Goins Construction, Martin AUS
Excelsior Ambulance Service, Inc. (B-422779)
You should not care.
Category: SDVOSB set-aside
Date: September 20, 2024
URL: https://www.gao.gov/products/b-422779
Excelsior challenged the Department of Veterans Affairs decision not to set aside a procurement for service-disabled veteran-owned small businesses, arguing that the VA's market research was insufficient and arbitrary. GAO analyzed the agency's market research methods, including the issuance of a sources sought notice and a review of previous contracts. GAO found that the contracting officer exercised reasonable business judgment in determining that there was not a reasonable expectation of receiving offers from two or more capable SDVOSBs. GAO reiterated that the evaluation of potential SDVOSB participation rests on the agency's informed discretion and that the contracting officer's assessment was supported by adequate market research.
The protest was denied. GAO concluded that the agency had a sufficient basis for its decision, emphasizing the importance of market research and the discretion afforded to contracting officers in making such determinations.
Digest
Protest challenging an agency's decision to not set aside a procurement for service-disabled veteran-owned small businesses (SDVOSB) is denied where the agency concluded from its market research that it did not have a reasonable expectation of receiving proposals from two or more SDVOSBs capable of performing the required services.
Goins Construction LLC (B-422695)
You should not care.
Category: Process error
Date: September 20, 2024
URL: https://www.gao.gov/products/b-422695
In this case, Goins Construction LLC protested the agency's rejection of its bid, arguing that it had submitted a timely proposal. GAO noted that the agency followed its established procedures, and Goins failed to provide sufficient evidence that its bid was indeed timely submitted.
“Specifically, the agency notes that, had Goins attended the May 23 bid opening, ‘it would have known as soon as bids had been opened and read aloud that its bid had not been received.’ Memorandum of Law at 7-8. Accordingly, the agency maintains that, because Goins's June 25 protest was filed more than a month after Goins knew or should have known the basis for its protest allegations, the protest should be dismissed as untimely filed. We agree.”
Capture and proposal professionals should note GAO's deference to agency evaluations and its emphasis on procedural adherence.
Digest
Protest challenging agency's rejection of its bid is not timely filed where protester failed to diligently pursue the information on which its protest is based.
Martin AIJS, LLC (B-422764)
You should not care.
Category: Discussions
Date: September 20, 2024
URL: https://www.gao.gov/products/b-422764
Martin AIJS, LLC's protested a VA sole-source award to Censis Technologies, Inc., for brand-name-or-equal laser marking unit and training for the Fargo VA Medical Center, which was sustained by GAO. The VA’s Office of Acquisition and Logistics identified “irregularities” in the award, but recommended only that Martin be reimbursed its protest costs. Martin in this filing sought lost profits and additional notifications to VA medical centers regarding competition in future procurement. GAO's analysis reaffirmed that lost profits are generally not recoverable, even in cases of government error, citing precedents that emphasize the limitations of available remedies. GAO deemed VA's proposed reimbursement for quotation preparation costs the maximum relief available under the circumstances. The protest was dismissed, with GAO finding no legal basis to recommend any further remedy beyond what the VA had already proposed.
Digest
Protest of the remedy recommended for a sustained agency‑level protest is dismissed where protester seeks lost profits, which may not be recovered even in the face of government error, and where our Office can recommend no greater remedy than what the agency has recommended.
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