GAO Decision Released: DOL OSHA Information Systems O&M – Reimbursement Request

File No. B-420960.6

Digest

1. Request for recommendation that protest costs be reimbursed is granted where the record establishes that the agency unduly delayed taking corrective action in the face of clearly meritorious protest grounds challenging the agency’s unreasonable technical and past performance evaluations and best-value tradeoff determination.
2. Request for recommendation that protest costs be reimbursed is denied where the protest ground challenging the agency’s disclosure of pricing information is not clearly meritorious and severable from the clearly meritorious grounds.

Discussion

PTI seeks a recommendation that it be reimbursed its reasonable costs of filing and pursuing its protest and supplemental protest. PTI argues that the agency unduly delayed taking corrective actionas evidenced by its failure to do so until after the filing of the agency report, submission of PTI’s comments, and the GAO attorney’s offer to conduct ADRin response to clearly meritorious protest grounds. Request for Costs at 620. The agency responds that it took corrective action in response to 2TechJV’s protest, rather than PTI’s protest, and that PTI’s protest allegations were not clearly meritorious. Opposition to Req. for Costs at 25.

Based upon our review of the record, and as discussed below, we recommend that PTI be reimbursed its costs related to its protest and supplemental protest allegations concerning the agency’s technical and past performance evaluations. We recommend that PTI be reimbursed its costs because the agency unduly delayed taking corrective action in response to clearly meritorious protest grounds. We further conclude one of PTI’s non-meritorious protest grounds is severable from the clearly meritorious protest grounds and we do not recommend reimbursement for that protest ground …

Decision

Persistent Technology, Inc. (PTI), a service-disabled veteran-owned small business (SDVOSB), of Alexandria, Virginia, requests that our Office recommend that the Department of Labor (DOL) reimburse it for the reasonable costs of pursuing its protest of the issuance of a task order to Addx Corporation, an SDVOSB, of Alexandria, Virginia, under request for quotations (RFQ) No. 1605TA-22-Q-00044. The task order was for services to support the operations and maintenance of the Occupational Safety and Health Administration’s (OSHA) information system (OIS). PTI argues that it should be reimbursed its protest costs because the agency unduly delayed taking corrective action in response to its clearly meritorious protest.

We grant the request in part and deny the request in part.

Read the decision here.

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