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MMM Successfully Defends Contract Award


On September 8, 2021, the Government Accountability Office (GAO) denied a post-award bid protest filed by Primary Care Solutions, Inc., challenging the award of a Department of Veteran’s Affairs (VA) contract. MMM’s Government Contracts group represented the awardee and successfully defended the award of the $35 million contract.

In the initial protest, the protester argued that the VA misevaluated the offerors’ proposals by assigning weaknesses to the protester’s proposal and failing to assign weaknesses to the protester (asserting the awardee lacked sufficient experience). The protester also challenged the VA’s best value determination. Then, after the VA produced the Agency Report, the protester filed a supplemental protest, further challenging the awardee’s experience and alleging the awardee made material misrepresentations in its proposal.

MMM’s Government Contracts group and the VA defended the award at GAO. MMM filed two rounds of comments, as well as a request for dismissal, all of which explained the weaknesses in the protester’s arguments. GAO agreed with the arguments MMM advanced on behalf of the awardee stating: “we find no basis to conclude that the source selection decision deviated from the award criteria stated in the RFP or is otherwise flawed.” The decision is available here