In the matter of Sofia Health, LLC, v the Department of Veterans Affairs, the offeror failed to submit its quote timely under the RFQ’s terms, but protested that finding, VA’s use of lowest price technically acceptable to evaluate quotes, and the award decision. The procurement was conducted under FAR Part 12 and relied especially on 52.212-1, which offerors, and proposal and preaward contracts managers in particular, should be know.
VA apparently evaluated Sofia Health’s quote response, giving them home, which GAO ferociously snatched. The offeror failed to submit a timely bid, as such it is not an interested party (aka it lacked standing to protest because there was no potential for it to receive an award).
Courts like to use standing to dismiss cases, which often obviates their evaluation of filers’ arguments. Here, Sofia was represented by counsel, and that counsel, Schoonover & Moriarty, should have caught the quote failed the late-is-late test.