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Equitus Corporation, a small business located in Clearwater, Florida, protests the Department of the Air Force s decision not to fund Equitus s phase II proposal under the Air Force s Small Business Innovation Research (SBIR) program solicitation No. J201-CS01, for research and development of defense-related dual purpose technologies/ solutions. The protester asserts that the agency unreasonably evaluated its proposal. We dismiss the protest.
Robert Guidry, the protester.
NCI Information Systems, Inc. (NCI), of Reston, Virginia, requests reconsideration of our decision in
NCI Info. Sys., Inc., B-419322, B-419322.2, Jan. 12, 2021, 2021 CPD ¶ 23, denying in part and dismissing in part its protest challenging the issuance of a task order to Salient CRGT, under request for proposals (RFP) 70SBUR20R00000001. The Department of Homeland Security, United States Citizenship and Immigration Services (USCIS) issued the task order for information technology (IT) deployment, maintenance, and repair services. NCI contends that our decision materially erred when it concluded that the protester was not an interested party to challenge the agency s failure to amend the solicitation to revise an incorrect independent government cost estimate (IGCE).
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File: B-419300
Date: December 16, 2020
David S. Gallacher, Esq., Emily S. Theriault, Esq., and Adam A. Bartolanzo, Esq., Sheppard Mullin Richter & Hampton LLP, for the protester.
Elizabeth Connally, Esq., Connally Law, PLLC; John E. McCarthy, Jr., Esq., and Robert J. Sneckenberg, Esq., Crowell & Moring LLP, for Superior Optical Labs, Inc., the intervenor.
Natica Chapman Neely, Esq., Department of Veterans Affairs, for the agency.
Heather Weiner, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest that the agency failed to reasonably evaluate whether the awardee would be able to meet staffing levels or optician certifications is dismissed as legally and factually insufficient where the protester’s allegations, even if unrebutted, fail to establish a violation of law by the agency because the solicitation did not provide for evaluation of staffing levels or optician certifi
File: B-419150.2
Date: March 30, 2021
Andrew J. Smith, Esq., Lieutenant Colonel Jess R. Rankin, Major Susan Kim, and Captain Ethan Chae, Department of the Army, for the agency.
Terrence Young, AES UXO, LLC, the protester.
Heather Weiner, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Request for reconsideration of a prior decision sustaining a protest concerning an unduly restrictive solicitation provision is denied, where the requester does not show that the prior decision contains errors of fact or law that warrant reversal or modification of the decision.
2. Request for reconsideration alleging errors in the underlying decision based on information that was available, but not submitted, during the initial protest is denied because parties withhold or fail to submit relevant evidence, information, or analysis for our initial consideration at their own peril.