About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-420351 Dec 10, 2021 1 (2021-12-10)

handle is hein.gao/gaomoy0001 and id is 1 raw text is: 1Oo U.S. GOVERNMENT ACCOUNTABILITY OFFICE A Century of Non-Partisan Fact-Based Work 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States Decision Matter of: FreeAlliance.com, Inc. File: B-420351 Date: December 10, 2021 W. Brad English, Esq., Jon D. Levin, Esq., Emily J. Chancey, Esq., J. Dale Gipson, Esq., and Joshua B. Duvall, Esq., Maynard Cooper & Gale PC, for the protester. Captain Michael Brown, Esq., Department of the Army, for the agency. Michael P. Grogan, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST GAO lacks jurisdiction to hear challenge to protester's elimination from task order competition where the government's cost estimate and all submitted proposals fall below $25 million, and where the protester has not alleged that the task order increases the scope, period, or maximum value of the contract under which the task order will be issued. DECISION FreeAlliance.com, Inc., a small business of McLean, Virginia, protests its elimination from the competition under request for proposals (RFP) No. W9133L22R4000, issued by the National Guard Bureau (NGB), for software development services. The protester contends the agency's evaluation of its past performance, and its decision to exclude FreeAlliance's proposal from further consideration, were unreasonable. We dismiss the protest. NGB issued the solicitation on October 12, 2021, pursuant to the procedures in Federal Acquisition Regulation (FAR) subpart 16.5, to firms holding the Army's Computer Hardware, Enterprise Software and Solutions (CHESS) Information Technology Enterprise Solutions-3 Services (ITES 3-S) indefinite-delivery, indefinite-quantity (IDIQ) contracts. Req. for Dismissal at 2. The solicitation provided for a two-phase evaluation process. First, the agency would determine a proposal's viability based on an evaluation of an offeror's work experience and adverse past performance. Id., exh. 1 at 62-64. Second, proposals deemed viable would be evaluated across three factors: staffing approach; technical approach; and price. Id. at 64. On November 3, NGB determined that FreeAlliance's proposal was not viable, based primarily on the agency's

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most