Alamo City Engineering Services, Inc. (B-422901.2)
You should not care.
Category: Process issue
Date: 31 January 2025
URL: https://www.gao.gov/products/b-422901.2
Alamo City Engineering Services, Inc. (ACES), protested the Defense Logistics Agency's issuance of an order to Advantaged Solutions under RFQ #SP4701-24-Q-0159 for SAP IT services. ACES argued that the solicitation was unduly restrictive, that it was improperly excluded from competition, and that the agency engaged in favoritism:
Untimely protest of solicitation terms: ACES challenged the requirement to use an SAP-authorized reseller, arguing that it unfairly restricted competition. However, GAO found that ACES had initially protested this issue before award but later withdrew its preaward protest, making its postaward challenge untimely.
Alleged improper exclusion from competition: ACES claimed it was disqualified based on a misunderstanding that only Department of Defense (DOD) Enterprise Software Initiative (ESI) BPA holders were eligible. GAO found this claim unfounded, as the RFQ permitted both DOD ESI BPA and broader Schedule holders to compete.
Bad faith allegations: ACES alleged favoritism toward Advantaged Solutions. GAO dismissed this claim due to a lack of evidence, reaffirming the presumption that government officials act in good faith.
GAO dismissed, finding ACES’ challenges were either untimely or lacked a factual basis.
Digest
- Protest challenging terms of the solicitation as unduly restrictive of competition and contention that protester was improperly eliminated from consideration as a qualified source are dismissed as untimely.
- Protest alleging agency acted in bad faith is dismissed for failing to set forth a factually sufficient basis of protest.
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