Protest Precluded by Piecemeal Presentation
The protester challenged an award. But the protester didn’t provide any evidence supporting its allegations until it filed its comments on the agency report. GAO rejected the protest due to the piecemeal presentation of evidence.
Military Freefall Solutions, Inc., GAO B-422300
- Protest Argument – The protester challenged award of a contract for parachute training. The solicitation required offerors to propose an aircraft. The protester argued the proposed aircraft had to be capable of carrying 5,000 pounds. The protester said the awardee’s aircraft could only hold 4,000 pounds.
- Agency Response – The agency said the protester’s 5,000 minimum was wrong. The agency believed the protester had miscalculated the weight the aircraft would need to carry. For instance, the protester assumed a combat-loaded marine weighed 350 pounds. But the agency said each marine weighed about 50 pounds less.
- Piecemeal Presentation – The agency sided with the agency. The protester’s initial proposal had not provided any evidence to support the weights it used to calculate the load requirements. The protester did present supporting evidence until its comments on the agency report. But all these documents were available when the protester filed the initial protest. GAO regulations require a protester to set forth all the known factual grounds for its protest. GAO will not consider the piecemeal presentation of evidence.
The protester is represented by James M. White of Marshall & White, PC. The awardee is represented by Erin L. Felix of Polsinelli PC. The agency is represented by Christopher B. Erly of the Marine Corps. GAO attorneys Uri R. Yoo and Alexander O. Levine participated in the decision.
–Case summary by Craig LaChance, Editor in Chief
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