Mission Analytics, LLC (B-423165)

You should not care.

Category: Corrective action

Date: 28 January 2025

URL: https://www.gao.gov/products/b-423165

Mission Analytics, LLC, a service-disabled veteran-owned small business, protested VA's proposed corrective action on an RFQ for video display monitors. The agency initially awarded the contract to Aviate Enterprises, Inc., but later determined that procurement errors warranted corrective action. Mission Analytics challenged VA’s decision, arguing that corrective action was unnecessary and that the agency should award the contract to the next eligible offeror:

• Corrective action discretion: GAO reiterated that agencies have broad discretion to take corrective action when procurement flaws are identified.
• Application of the nonmanufacturer rule (NMR): VA mistakenly believed an NMR waiver applied, and as part of its corrective actions, it conducted additional market research for the Veterans First rule-of-two analysis.
• Additional solicitation flaws: The protester itself identified issues in the solicitation, such as unclear product specifications and Energy Star requirements inconsistent with procurement laws.

GAO found both the agency and protester agreed the RFQ was defective but disagreed on corrective actions, with the protester seeking to force VA to award to the next offeror in line (itself). GAO found the agency’s decision to review and revise the solicitation was reasonable given the identified procurement errors.

Digest

Protest challenging the scope of the agency’s proposed corrective action, taken in response to an agency-level protest, is denied where the agency reasonably decided to take corrective action to address perceived flaws in the solicitation and to ensure a fair and impartial competition.