This story has been updated to include a statement from GSA.
The agency-level protest of the multi-billion dollar OASIS multiple-award contract survived its first hurdle.
The General Services Administration’s agency protest official rejected the Office of General Counsel’s motion to dismiss the solicitation protest by Aljucar, Anvil- Incus & Co.
“I have received, read and considered both of your submissions. I am writing to inform you that the agency’s motion to dismiss is denied,” Maria Swaby, the agency protest official, wrote in a decision, which was obtained by Federal News Radio. “The agency will submit its response on Monday, Aug. 26, 2013, and we will follow the schedule as agreed upon in our scheduling conference and outlined in the summary email sent out last week.”
Aljucar, Anvil-Incus filed one of two protests over GSA’s One Acquisition Solution for Integrated Services (OASIS) request for proposals for professional services.
USfalcon filed the other objection to the RFP with the Government Accountability Office. GAO has until Nov. 18 to decide.
Typically, an agency-level protest is more of a “friendly” objection than one to GAO.
GSA’s general counsel tried to get the protest official to dismiss Aljucar, Anvil- Incus’s protest on the grounds that the company didn’t have standing.
GSA told the agency protest official that the company didn’t have any prior awards from the government, nor is it eligible for an award under the solicitation. Therefore, it’s not an interested party.
Aljucar, Anvil-Incus responded to GSA’s claims by writing to the protest official. It said that because it’s a pre-award protest the situation is different, and the idea of a standing or interested party doesn’t apply to this situation.
“Petitioner contends that the pre-award, ‘non-trivial competitive injury’ applies here,” the company wrote in its brief to GSA.
GSA commented on the protest and dismissal.
“Protests are a common part of the procurement process. GSA looks forward to a quick resolution, so that agencies and taxpayers alike can begin reaping all of the benefits of this comprehensive professional services contract,” a GSA spokeswoman said in an email statement.
GSA and Aljucar, Anvil-Incus will continue to make their respective cases before the agency protest official over the next two weeks.
Aljucar, Anvil-Incus submitted its response to GSA’s motion for a more definite statement on Aug. 20.
GSA has until Monday to submit its response to the protest.
The protest official will hear oral arguments on Aug. 29. Aljucar, Anvil-Incus has until Sept. 3 to submit final written matters.
The protest official then will consider both arguments and issue a decision by email by the end of September or 35 days after the protest was filed.
GSA released the final RFPs for OASIS on July 31. Vendors have until Sept. 17 to submit bids. Questions on the contract were due on Aug. 20.