Orion Tech., Inc. v. United States

The Army issued a solicitation, noting that it intended to award contracts without discussions and that noncompliance with proposal requirements “may result in elimination of the proposal from further consideration. . . Failure to meet a requirement may result in an offeror being ineligible for an award.” The submission was required to include a cost/price proposal that was “fully complete and error free,” with supporting information, including subcontractor information. Orion submitted a proposal on the last possible date, wthout proprietary cost information for five of its eight subcontractors. Eight days later, the Army received packages allegedly containing the missing subcontractor information. The packages were returned unopened. The contracting officer rejected Orion’s proposal and denied a protest. The Army subsequently issued an amendment, notifying offerors in the competitive range that discussions were going to be held and seeking new cost/price proposals. Orion unsuccessfully attempted to resubmit. A second protest was dismissed and the Government Accountability Office affirmed. The Claims Court dismissed, holding that Orion lacked standing to bring a bid protest under 28 U.S.C. 1491(b)(1), and that, on the merits, it was a rational decision to exclude Orion from competition due to the missing information. The Federal Circuit affirmed. View "Orion Tech., Inc. v. United States" on Justia Law