ESC, Inc. (B-423406; B-423406.2)

You should not care.

Category: Technical evaluation, timeliness, GSA Schedule

Date: 30 June 2025

URL: https://www.gao.gov/products/b-423406%2Cb-423406.2

ESC, Inc., a WOSB based in Arlington, VA, protested the US Air Force's issuance of a task order for joint training, exercise, and evaluation program services to Native American Technology Corporation under a WOSB set-aside issued under GSA’s Multiple Award Schedules. ESC’s protest centered on the alleged ineligibility of the awardee, errors in the awardee’s registration, price evaluation discrepancies, and improper contract execution. It further claimed that the agency’s evaluation was inconsistent with oral instructions received from the agency before quote submission. GAO dismissed all protest grounds for lack of a valid protest basis or untimeliness, finding either no legal merit or procedural bar to the complaints.

Awardee eligibility and registration: GAO found the protester misidentified the awardee; the true awardee satisfied all WOSB, SAM, and GSA MAS requirements. Arguments relying on misidentification failed as a matter of law.

Evaluation inconsistency and oral instructions: The agency had posted clarifying Q&As to SAM.gov contradicting any alleged oral instructions. GAO held the protester was required to challenge any perceived inconsistency before the quote deadline.

SF-1449 execution: Only a signed contract is required under GSA Schedule orders, and minor signature formatting issues do not render a contract non-binding, especially where both parties have executed the form.

Protest dismissed in full. The protest failed either due to incorrect factual premises or untimely/insufficient protest grounds.

Digest

Protest challenging the awardee's eligibility for award is dismissed where the protester's contentions that the awardee failed to comply with solicitation requirements lack a valid basis of protest.Protest that the evaluation of proposals was inconsistent with oral instructions received from the contracting officer's representative prior to the proposal submission date is dismissed as untimely where the ambiguity was evident on the face of the solicitation but was not challenged by the protester prior to the solicitation closing date.