Strategic Alliance, Inc. (B-423359)

You should not care.

Category: WOSB certification

Date: 30 May 2025

URL: https://www.gao.gov/products/b-423269.2

Strategic Alliance, Inc. (SAI), protested its elimination from the GSA’s OASIS+ WOSB solicitation for total integrated solutions, arguing the agency wrongly found it ineligible for award based on WOSB certification status at the proposal submission deadline. SAI claimed that by filing an application for WOSB certification one day prior to the closing date, it reasonably expected its certification to be “pending” and took issue with GSA’s reliance on the Dynamic Small Business Search (DSBS) for status checks. SAI further alleged disparate treatment, asserting GSA made awards to firms without proper WOSB status.

GAO found that the RFP and FAR 19.1505(e) clearly required offerors to be WOSB certified or have a pending application in DSBS at proposal submission; SAI’s status was neither. GAO noted that agency reliance on DSBS is explicitly required by the FAR, and SAI failed to demonstrate DSBS data was unreliable.

GAO held that ambiguity in the term “pending application” did not prejudice SAI, as it offered no evidence it would have acted differently (or earlier) if GSA’s interpretation had been explicit in the solicitation.

The protest was denied. For most industry and agency practitioners, the case offers a routine affirmation of the regulations: agencies have the discretion—and obligation—to follow the letter of solicitation and regulatory provisions for verifying set-aside status. Firms must ensure their certifications and system statuses are current and verifiable at the time of proposal submission; reasonable expectations are not sufficient.

Digest

1. Protest challenging the agency’s evaluation of proposals is denied where the evaluation was reasonable, in accordance with the terms of the solicitation and applicable regulations.
2. Protest contending that the agency engaged in disparate treatment is denied where the protester fails to demonstrate that differences in the evaluation did not stem from differences in the proposals.