Aquila Fitness Consulting Systems, Ltd. (B-423173)
You should not care.
Category: Set-aside, Schedule competition
Date: 21 February 2025
URL: https://www.gao.gov/products/b-423173
Aquila Fitness Consulting Systems, Ltd., protested the US Marshals Service (USMS) decision to set aside a Multiple Award Schedule procurement for women-owned small businesses (WOSB). The protest challenged the adequacy of the agency’s market research, arguing that USMS failed to determine whether WOSB vendors were capable of meeting the solicitation requirements or performing at a fair and reasonable price. GAO dismissed the protest for failure to state a valid basis, holding that the agency acted within its discretion:
Discretionary set-aside: USMS used its discretionary authority under FAR 8.405-5 to set aside the procurement for WOSBs. Aquila claimed that the agency failed to meet the requirements of FAR 19.1505, which governs WOSB set-asides. GAO reaffirmed that FAR Part 19 does not generally apply to FSS procurements and that agencies are not required to follow its procedures when setting aside FSS orders.
Compliance with FSS procedures: USMS issued the solicitation to four vendors under FAR 8.405-2(c)(3)(iii)(B) to ensure sufficient competition. Aquila did not challenge the agency’s adherence to MAS procedures.
The protest was therefore dismissed. GAO ruled that Aquila failed to state a valid legal basis, because FAR Part 19 requirements do not apply to discretionary set-asides under the Schedules.
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