GAO Protest Denial Not an “Optimal” Solution

Optimal Solutions & Technologies (“OST”) protested the issuance of a task order to Metters Incorporated by the Department of Homeland Security on the grounds that DHS improperly evaluated the offerors’ proposals. The evaluation criteria for this best value procurement included technical capability, small business participation, and past performance. OST’s quoted price was $4,692 lower than Metter’s quoted price, but OST ranked lower on technical capability. After evaluating all of the factors, DHS determined that Metters’ higher score on non-price factors outweighed OST’s lower price.   OST argued that the Contracting Officer improperly evaluated OST’s proposal on the Small Business Participation factor and two subfactors:  Maximization of Small Business Opportunities and Participation in DHS Mentor-Protégé Program through among other considerations, consideration of the percentage of work … Continue reading

FAR 52.219-14 Limitations on Subcontracting *

Applicability: This FAR solicitation provision, which is incorporated into the contract and thus becomes a clause, specifies the percentage of work that must be performed by a small business concern when it receives a set aside reserved for small businesses.  The provision is included in solicitations and contracts for supplies, services, and construction, if any portion of the requirement is to be set aside or reserved for small business and the contract amount is expected to exceed $150,000. This includes all contracts awarded under FAR Subpart 19.8, “Contracting with the Small Business Administration (the 8(a) Program)”.  The clause applies to parts of a multiple-award contract that have been set aside for small business concerns or 8(a) concerns; and orders set aside for small business or 8(a) concerns … Continue reading