Protest Dismissal Decision Released: Treasury OCC Corrective Action for Solicitation Changed Requirements

Digest

Protest asserting that the agency must amend the solicitation to reflect allegedly changed requirements is dismissed as untimely where the protest was filed more than 10 days after the protester knew or should have known its basis for protest.

Discussion

On February 27, the agency filed a request to dismiss the protest, first noting that FWG’s assertions are based, in part, on its experience in performing the ITISS task order requirements prior to the February 2023 solicitation closing date; yet, FWG’s February 20, 2024, protest regarding the solicitation’s allegedly “antiquated” requirements was filed nearly a year after that date. The agency further notes that the additional references in FWG’s protest to its post-closing-date performance of the ITISS requirements fail to identify any triggering event or disclosure of information that occurred within the 10 days preceding FWG’s February 20, 2024 protest. Req. for Dismissal at 3. In short, the agency maintains that FWG’s current protest allegations, based on the premise that the ITEIM solicitation fails to reflect the agency’s current requirements, are untimely. We agree …

To the extent FWG’s protest is based on alleged changes to the agency’s requirements that became apparent after quotations were submitted in February 2023, it was required to file its protest within 10 days of the time such changes became apparent. Id. However, nothing in FWG’s protest identifies any particular changes or disclosure of new information that occurred within the 10-day period preceding FWG’s submission of its February 20, 2024 protest. Rather, FWG asserts that its protest should be considered timely because it was filed within 10 days of the agency’s notice of corrective action. However, nothing in the agency’s notice of corrective action reflected, discussed, or disclosed any changes in the agency’s requirements. Again, while FWG purports to base its protest on the scope of the agency’s corrective action, its arguments pertain to the accuracy of …

Decision

Federal Working Group, Inc. (FWG), of McLean Virginia, protests the scope of the corrective action being taken by the Department of the Treasury, Office of the Comptroller of the Currency (OCC), in response to FWG’s previously filed protests. FWG maintains that, as part of the corrective action, the agency must amend the solicitation and permit the complete revision of vendors’ quotations.

We dismiss the protest.

Read the decision here.

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