Summary Dismissal In Bid Protest

Weitz Morgan PLLC
The firm is proud to announce that it obtained a summary dismissal for one of its government contracts clients in a bid protest at the Government Accountability Office (GAO).

A disappointed bidder filed a protest against a Weitz Morgan client who had been awarded the contract in a GSA Schedule delivery order purchase by the U.S. military. In response, the firm filed a request to intervene in order to protect the award and included a request for dismissal based on the protest being untimely and lack of standing.

GAO’s bid protest regulations generally require a protest to be filed no later than 10 calendar days after the basis of the protest was known or should have been known. 4 C.F.R. §21.2(a)(2). In the instant case, the protestor argued that it timely filed because it was within the statutory framework of protesting after a debriefing is requested and the agency takes action on that request. However, the agency conducted the procurement under FAR Part 8 against the offerors’ Federal Supply Schedules (FSS). FAR Part 8 specifically indicates that FAR Part 15, which allows for a debriefing, does not apply to orders against FSS contracts.

GAO’s regulations also require an entity to be an interested party in order to have standing to protest. 4 C.F.R. § 21.0(a)(1). GAO has clarified that a protester is an interested party to challenge a procurement where there is a reasonable possibility that its proposal would be in line for award if the protest were sustained. In this matter, the protestor did not conform with the solicitation requirements so could not have been in line for award even if it prevailed on the protest.

As such, the GAO granted a summary dismissal of the protest without any further action on the part of the agency thereby allowing the award to stand for our client.

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