The Solicitation Didn’t Say the Agency Would Assess Risk. Did the Agency Err in Considering Risk?

The protester said the agency applied unstated criteria in assessing risk. The protester reasoned risk was not one of the stated evaluation criteria. GAO dismissed the protest. Even if risk is not stated as a criterion, an agency can always assess risk intrinsic to the stated factors.

South Dade Air Conditioning and Refrigeration, Inc., GAO B-421406

Background

GSA issued a solicitation seeking engineering and maintenance services. South Dade Air Conditioning submitted a quotation in response to the solicitation. GSA determined South Dade’s quotation did not meet the solicitation’s requirements. South Dade protested.

Analysis

South Dade contended GSA applied unstated criteria in finding the company’s solution created risk. South Dade argued the solicitation had not identified risk as an evaluation factor.

GAO quickly disposed of this argument. Even if performance risk is not listed as an evaluation factor, an agency may always risk intrinsic to the stated factors.

South Dade is represented by Michelle F. Kantor and Sanford E. Watson of McDonald Hopkins, LLC. The intervenor, Raven Services, is represented by W. Benjamin Phillips, II and John Prairie of Wiley Rein, LLP. The agency is represented by Robert Notigan and Benjamin D. Lorber of the General Services Administration. GAO attorneys Mary G. Curcio and John Sorrenti participated in the decision.

–Case summary by Craig LaChance, Senior Editor

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