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ARTICLE · 06 JANUARY 2025

Bid Protest Minute: Bidders Beware – Clearly Stated Solicitation Requirements Control

Bass, Berry & Sims PLC
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On November 15, the Government Accountability Office (GAO) denied a protest from AtVentures, LLC, a mentor-protégé joint venture...

United StatesGovernment, Public Sector
Todd Overman
Todd Overman

On November 15, the Government Accountability Office (GAO) denied a protest from AtVentures, LLC, a mentor-protégé joint venture, who challenged its exclusion from consideration for award on the basis that it was able to use the past performance of its protégé's wholly-owned subsidiary to satisfy a solicitation requirement. GAO's decision represents a cautionary tale for bidders who wish to use the past performance of affiliates—follow the instructions, or else!

The Solicitation

On July 30, the General Services Administration (GSA) excluded AtVentures' proposal from consideration for the One Acquisition Solution for Integrated Services Plus (OASIS+) contract after it deemed AtVentures' proposal noncompliant due to its failure to meet the solicitation's eligibility requirements for mentor-protégé joint ventures. The Solicitation required bidders to submit "a minimum of one [r]elevant [q]ualifying [p]roject [] from the protégé or the offering [m]entor-[p]rotégé

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