Zero Waste Solutions, Inc. (B-423214.2; B-423214.3)

You should not care.

Categories: Limitations on subcontracting, compliance

Date: 13 March 2025

URL: https://www.gao.gov/assets/876320.pdf

Zero Waste Solutions, Inc., protested a US Army invitation for bids (IFB) for refuse collection and recycling services at Fort Moore, Georgia. The protester claimed the awardee’s bid should be rejected as nonresponsive for allegedly violating the limitations on subcontracting clause (FAR 52.219-14) and argued that the agency’s affirmative responsibility determination was improper. GAO examined whether the awardee’s proposal took explicit exception to a material requirement and whether the Army had ignored serious concerns in finding the awardee responsible.

GAO denied the nonresponsiveness challenge, finding the awardee’s submission did not facially show an intent to violate FAR 52.219-14, and dismissed the responsibility-based protest, explaining no definitive responsibility criteria were unaddressed nor were there serious concerns the Army overlooked. There is no novel precedent here for agencies or offerors, as GAO reiterated its deference to contracting officer discretion on responsibility and responsiveness where a proposal does not plainly deviate from the solicitation.

Digest

1. Protest alleging the awardee’s bid was nonresponsive for failing to demonstrate the awardee would comply with Federal Acquisition Regulation clause 52.219-14, Limitations on Subcontracting, is denied where the bid does not demonstrate the awardee’s intent not to comply with the limitation.
2. Protest challenging the agency’s affirmative responsibility determination with respect to the awardee is dismissed where the protester has not alleged the awardee failed to comply with definitive responsibility criteria in the solicitation or otherwise raised evidence of serious concerns that the contracting officer unreasonably disregarded.