Orion Government Services, Inc. (B-422978; B-422978.2)

You should care.

Category: Key personnel, standing

Date: 30 December 2024

URL: https://www.gao.gov/products/b-422978%2Cb-422978.2

Orion Government Services protested the US Army Corps of Engineers' award to McCarthy Building Companies for a fixed-price contract involving construction services in the Houston Ship Channel. Orion contended the Corps improperly evaluated its proposal and the awardee’s under factors such as construction execution, past performance, and price.

However, Orion failed to disclose that one of its proposed key personnel, a Site Safety and Health Officer (SSHO), had left the company prior to the award decision. This omission rendered Orion's proposal technically unacceptable, as key personnel qualifications were a material requirement under the solicitation. As GAO deemed Orion ineligible for the award even if its protest succeeded, the company lacked standing as an interested party. The agency argued, and GAO agreed, that at least one other technically acceptable offeror would remain in the competition if discussions reopened.

GAO ruled Orion was not an interested party due to its failure to meet a material solicitation requirement and the unlikelihood of receiving the award if its protest were sustained.

Digest

Protest is dismissed where protester’s proposal was technically unacceptable due to unavailability of proposed key personnel, and, as a result, protester is not an interested party to question the agency’s evaluation or source selection decision.