OSST, LLC (B-423223)

You should not care.

Category: Unsolicited proposal rejection

Date: 5 February 2025

URL: https://www.gao.gov/products/b-423223

OSST, LLC, protested the Defense Health Agency’s (DHA's) rejection of its unsolicited proposal to establish a centralized federal referral transplant center for vision restoration. OSST argued that DHA’s evaluation was flawed, that its approach was unique, and that DHA should have initiated discussions before rejecting the proposal. OSST also asserted that DHA should have considered awarding the project on a sole-source basis.

No requirement to accept unsolicited proposals

GAO dismissed the protest, reiterating that agencies have discretion to reject unsolicited proposals and are not required to make a sole-source award. GAO found that DHA properly rejected the proposal under FAR 15.607, citing lack of innovation, minimal applicability to active-duty personnel, and insufficient funding. GAO also noted that it does not generally review protests that would require an agency to award a contract on a sole-source basis.

Protest dismissed.

Digest

Protest challenging agency’s rejection of an unsolicited proposal is dismissed where GAO will not generally review a protest based on requiring an agency to accept an unsolicited proposal and procure from the firm on a sole-source basis.