About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-421989,B-421989.2 Dec 21, 2023 1 (2023-12-21)

handle is hein.gao/gaoprb0001 and id is 1 raw text is: 



                   U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                  Comptroller General
Washington, DC 20548                                            of the United States

                                            DOCUMENT   FOR PUBLIC RELEASE
                                          The decision issued on the date below was subject to
Decision                                  a GAO Protective Order. This redacted version has
                                          been approved for public release


Matter of:   ELS, Inc.

File:     B-421989; B-421989.2

Date:     December 21, 2023

Elizabeth N. Jochum, Esq., Stephanie M. Harden, Esq., Carolyn Cody-Jones, Esq., and
Shane  M. Hannon, Esq., Blank Rome LLP, for the protester.
Lee Dougherty, Esq., Effectus PLLC, for Green Expert Technology Inc., an intervenor.
Nicole M. Trask, Esq., Department of the Navy, for the agency.
Kenneth Kilgour, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General
Counsel, GAO,  participated in the preparation of the decision.
DIGEST

Protest that the agency unreasonably evaluated technical and price proposals is
dismissed for lack of jurisdiction, where the dollar amount of the task order is below the
threshold for GAO jurisdiction, notwithstanding that the agency's evaluated cost for the
awardee  exceeded that threshold.
DECISION

ELS, Inc., of Washington, DC, protests the issuance of a task order to Green Expert
Technology Inc. (GreenXT), of Haddonfield, New Jersey, under request for proposals
(RFP) No. N00164-22-R-3023,  issued by the Department of the Navy, Naval Sea
Systems  Command   (NAVSEA), for support services. ELS, the incumbent contractor,
challenges the reasonableness of the Navy's evaluation of technical and price
proposals and asserts that the agency conducted a flawed best-value tradeoff analysis.

We  dismiss the protest.

BACKGROUND

The RFP,  issued to small business holders of the Navy's SeaPort Next Generation
indefinite-delivery, indefinite-quantity (IDIQ) contracts, sought proposals to provide

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:

Already a HeinOnline Subscriber?

profiles profiles most