Agency: Department of the Navy
Disposition: Request for Modification Denied
Decided: April 23, 2018
General Counsel P.C. Highlight:
The remedy for a decision sustaining a protest varies depending on the circumstances.
Summary of Facts Leading to Request for Modification
In March of 2018, Savannah Cleaning Systems, Inc. (Savannah) successfully protested the issuance of a purchase order. The GAO found the purchase order was improper because the agency failed to amend the requirements of the solicitation when it determined a less powerful pressure washier, with fewer features, would meet their needs. Instead, the agency issued a purchase order to BCS, who offered the less powerful pressure washer. Further, the pressure washer offered by the awardee was not listed on their schedule contract. Finding the agency’s actions “effectively precluded Savannah from having the opportunity to compete and Savannah had a substantial chance for the award,” the GAO sustained the protest and ordered the agency reimburse Savannah for the cost of quotation preparation and the costs of filing and pursuing the protest.
Summary of Argument Regarding Modification of Remedy
During the pendency of the protest, the agency, who had received the pressure washers from the awardee, kept the pressure washers but did not open them or take them out of the packaging. Savannah argued the appropriate remedy was to require the agency to return the pressure washers, and either resolicit the requirement or make award to the next appropriate vendor.
Request for Modification of Remedy Denied
Ordinarily, the GAO notes, a remedy such as the one proposed by Savannah is appropriate. However, this type of action is not feasible when the agency has already accepted delivery of the units under a purchase order. Consequently, quotation preparation costs and the costs of filing and pursuing the protest is the appropriate remedy.