Challenge to Solicitation Terms Leads to Corrective Action

We represented a South Carolina based small business in two separate GAO protests challenging the terms of two solicitations issued by the Department of Veterans Affairs (VA) for home oxygen services to be provided for veterans. The solicitations at issue sought to award fixed price contracts, with reductions to the “fixed” price for failure to meet 100% compliance with the acceptable quality level. The protests challenged the selection of this type of contract, arguing that the agency’s planned contract type was not an accepted form of contract in the Federal Acquisition Regulation (FAR) and thus it was improper for the agency to utilize it. Shortly after the protests were filed, the VA elected to take corrective action and amend both solicitations addressing the issues raised in the protest. GAO dismissed the protests as moot, given that the client had achieved the relief sought by the protests.

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