Protest of Advanced Science & Technologies LLC, 10-ODRA-00536, September 24, 2010
PilieroMazza assisted an intervenor in defending a contract award that was protested by Advanced Sciences & Technologies LLC (AS&T) to the Federal Aviation Administration’s (FAA) Office of Dispute Resolution for Acquisition (ODRA). In the protest, AS&T challenged the contract award, which was made after a reevaluation mandated by the ODRA. The re-evaluation was a result of a previous protest in which PilieroMazza obtained a favorable sustain decision from the ODRA on behalf of the eventual awardee (Protest of Columbus Technologies & Services, Inc., 10-ODRA-00514).
AS&T, which was initially selected by the FAA but subsequently lost the award due to PilieroMazza’s successful protest against it, claimed that the FAA improperly awarded the contract upon re-evaluation. Ruling against AS&T, the ODRA found that AS&T’s protest should be dismissed in part, and denied in part. This conclusion was based on the ODRA’s determination that the FAA’s evaluation had a rational basis and was supported by substantial evidence; (2) that the FAA’s cost/technical tradeoff analysis and award decision was not improper; and (3) AS&T’s supplemental protest challenging portions of the FAA’s original evaluation was untimely. As a result of the ODRA’s ruling, our client will be able to continue to perform work as the awardee on this very valuable FAA project.
