Understanding corrective action in bid protests: lessons from American Tech Solutions (AI)

The protest was filed by American Tech Solutions, LLC, against the Department of the Air Force’s issuance of a task order to Obsidian Global LLC under a fair opportunity proposal request. The protest challenged the agency’s evaluation of proposals under the technical factor, the evaluation of the awardee’s proposal under the past performance factor, and the best-value tradeoff decision. The agency decided to take corrective action by reevaluating the offerors’ technical proposals and making a new best-value tradeoff decision. However, the agency did not intend to reevaluate the offerors’ past performance proposal volumes. The protester contended that the agency’s proposed corrective action did not address all the allegations raised in the underlying protest. The request for reconsideration was denied as the requesting party failed to show any errors of fact or law or present new information warranting reversal or modification of the prior decision.

Implications for contractors are that they should understand the specific circumstances of their protest and the agency’s proposed corrective action. While the agency’s corrective action need not address every protest issue, it must render the protest academic. If a party objects to the scope of the agency’s corrective action, it must file a timely protest in accordance with the Bid Protest Regulations.

This summary was AI generated on 2 August 2023 at Jason Bakke’s request.