Major Contracting Services, Inc. (B-423191)

You should not care.

Category: Bias, procedural issues

Date: 4 March 2025

URL: https://www.gao.gov/products/b-423191

Major Contracting Services, Inc., protested Army’s award of a contract for portable chemical latrines and hand-washing stations at Fort Stewart and Hunter Army Airfield, Georgia, to K&H Environmental Services. Major raised multiple claims, including bias, procedural errors, improper disclosure of information, and an improper affirmative responsibility determination: Key issues

Bias: Major alleged that Army’s contracting office at Fort Stewart was biased against it, citing a prior decision to not exercise contract options. GAO found the claim speculative and unsupported by facts.

Procedural deficiencies: Major contended Army improperly handled its request for a service-disabled veteran-owned small business set-aside. GAO ruled this argument untimely and legally insufficient.

Improper disclosure: Major claimed K&H was given inside information about the award, but GAO found no evidence of an unfair competitive advantage.

Affirmative responsibility determination: Major argued K&H was ineligible due to past performance and misrepresentation of its status. GAO dismissed this claim, stating it did not meet the threshold for review under its limited jurisdiction over responsibility determinations.

GAO dismissed the protest in its entirety.

Digest

Protest grounds alleging bias, procedural errors, and improper disclosure of information are dismissed where the protester’s allegations are based on speculation and are legally and factually insufficient to establish valid bases of protest. Protest challenging the contracting officer’s affirmative determination of responsibility is dismissed where the allegation does not meet the exceptions to trigger a review under our Bid Protest Regulations.