GAO denies OASIS protest

The protesting firm, Aljucar, Anvil-Incus & Co., says it will seek redress in the Court of Federal Claims.

OASIS logo

The Government Accountability Office has denied an agency-level protest of GSA's $60 billion multiple award services OASIS contract, but the protestor vowed to continue the fight in federal court.

On Jan. 3, GAO struck down complaints made by Aljucar, Anvil-Incus & Co. that the terms of the General Services Administration's request for proposals for its One Acquisition Solution for Integrated Services contract unduly restricted competition by not allowing small companies to team up to bid for services.

GSA split OASIS into two RFPs -- one aimed at small businesses and the other at larger contractors -- to facilitate both markets. When AAI filed its protest this past summer, Rudy Sutherland, the firm's head of practice, told FCW that the contract split essentially excluded smaller bidders from teaming up to participate in the larger contract, which could prove to be more lucrative.

The contracts could be worth as much as $60 billion over the next 10 years. GSA said in December that the response period for OASIS and OASIS Small Business requests for proposal came to a close in November and it expected to award contracts in early 2014. The protest denial could be the last bit of administrative housekeeping before the contracts are awarded.

In the face of the latest ruling, Sutherland told FCW in an email on Jan. 7 that AAI was in the process of filing a request for reconsideration at GAO, but ultimately believes it will file in the Court of Federal Claims. "The risks of joint venturing is controlled by the free-market and by virtue of sound operating agreements, not by the government picking winners and losers,” he said. “Although it may be at their discretion, there is nothing reasonable about the GSA’s position and we believe the [Court of Federal Claims] will indeed find that it does not pass the logical scrutiny test."

The GAO sees things differently.

"The crux of AAI’s protest is that the RFP is unduly restrictive of competition because the solicitation, with respect to joint venture offerors, limits consideration of experience to that of the joint venture itself," GAO General Counsel Susan Poling wrote in the agency’s ruling. "AAI complains that the solicitation does not allow newly-formed joint venture offerors to satisfy the experience requirements through the experience of the individual members of the joint venture."

Poling wrote that GSA's market research showed that companies without a proven track record in a newly formed joint venture can pose dangers for contracts. She cited a past contract protest involving a company named Valor Construction Management that showed it can be reasonable for an agency to limit consideration of experience to the entity that will hold the contract with the government --  the joint venture itself.

"More importantly, AAI’s argument misses the broader principle on which Valor is based, which is that the determination of a contracting agency’s needs, including the selection of evaluation criteria, is primarily within the agency’s discretion, and we will not object to the use of particular evaluation criteria so long as they reasonably relate to the agency’s needs in choosing a contractor that will best serve the government’s interests," she said.

Sutherland countered that the current GAO ruling "seems contrary to certain executive guidance dating back to 2009 from the White House and OMB over standards to be considered in increasing competitiveness" under the JOBS Act, which required multiple awards contract solicitations to get bids from "any responsible source, including small business concerns and teams or joint ventures of small business concerns.”

OASIS already has at least one commitment from the U.S. Air Force. FCW reported in October that the Air Force had moved to embrace OASIS as a procurement vehicle, with the Air Force Space and Missile Systems Center and the Air Force Life Cycle Management Center announcing they would use the contracts to get more than $1 billion worth of systems engineering, technical assistance and other services. The Air Force formally signed a memorandum of understanding to use the contract on Dec. 19.  

 

X
This website uses cookies to enhance user experience and to analyze performance and traffic on our website. We also share information about your use of our site with our social media, advertising and analytics partners. Learn More / Do Not Sell My Personal Information
Accept Cookies
X
Cookie Preferences Cookie List

Do Not Sell My Personal Information

When you visit our website, we store cookies on your browser to collect information. The information collected might relate to you, your preferences or your device, and is mostly used to make the site work as you expect it to and to provide a more personalized web experience. However, you can choose not to allow certain types of cookies, which may impact your experience of the site and the services we are able to offer. Click on the different category headings to find out more and change our default settings according to your preference. You cannot opt-out of our First Party Strictly Necessary Cookies as they are deployed in order to ensure the proper functioning of our website (such as prompting the cookie banner and remembering your settings, to log into your account, to redirect you when you log out, etc.). For more information about the First and Third Party Cookies used please follow this link.

Allow All Cookies

Manage Consent Preferences

Strictly Necessary Cookies - Always Active

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data, Targeting & Social Media Cookies

Under the California Consumer Privacy Act, you have the right to opt-out of the sale of your personal information to third parties. These cookies collect information for analytics and to personalize your experience with targeted ads. You may exercise your right to opt out of the sale of personal information by using this toggle switch. If you opt out we will not be able to offer you personalised ads and will not hand over your personal information to any third parties. Additionally, you may contact our legal department for further clarification about your rights as a California consumer by using this Exercise My Rights link

If you have enabled privacy controls on your browser (such as a plugin), we have to take that as a valid request to opt-out. Therefore we would not be able to track your activity through the web. This may affect our ability to personalize ads according to your preferences.

Targeting cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

Social media cookies are set by a range of social media services that we have added to the site to enable you to share our content with your friends and networks. They are capable of tracking your browser across other sites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these cookies you may not be able to use or see these sharing tools.

If you want to opt out of all of our lead reports and lists, please submit a privacy request at our Do Not Sell page.

Save Settings
Cookie Preferences Cookie List

Cookie List

A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first-party cookies. We also use third-party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts. More specifically, we use cookies and other tracking technologies for the following purposes:

Strictly Necessary Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Functional Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Performance Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Social Media Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Targeting Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.