Link: GAO Decision
Protestor: Ahtna Facility Services, Inc.
Agency: Department of the Army
Disposition: Request for Reconsideration Denied.
Request for reconsideration of decision denying protest is denied where, contrary to protester’s claims, the decision considered all of protester’s arguments in resolving the protest, but only discussed the primary arguments, and where the decision did not contain errors of fact or law that warranted its reversal or modification.
General Counsel PC Highlight:
Ahtna Facility Services, Inc. requested that the GAO reconsider its decision denying Ahtna’s protest of its exclusion from the competitive range in a solicitation for healthcare environmental services for the San Antonio Military Medical Center-North (SAMMC-N) and other medical facilities at or around Fort Sam Houston, Texas. Ahtna complained that the GAO did not consider its arguments regarding alleged unequal treatment of offerors and improper ranking of proposals raised in its supplemental protest.
The GAO first noted that, although its decision only addressed the primary arguments resolving the protest, it considered all of Ahtna’s arguments in reaching its decision. The GAO pointed out that documents sent by the agency to Ahtna prior to its initial protest contradicted Ahtna’s assertion that it had not been informed that it had not addressed in its procedures manual the seven types of services required by the PWS, leading to its being declared technically unacceptable. The GAO also pointed out that the RFP required offerors to include in their procedures manual meaningful and measurable performance metrics; Ahtna’s statement that it had a “zero tolerance” policy for errors was insufficient.
If your protest is denied, you may request that the GAO reconsider its decision. However, unless you can show that the GAO’s decision contains errors of fact or law, or you can provide information not previously considered that warrants the reversal or modification of the decision in your case, the GAO will not grant reconsideration. Unsuccessful protestors should carefully consider whether there are grounds to support a reconsideration and whether such a reconsideration is likely to result in a favorable decision.