FlexDecks, Inc. (“FlexDecks”) is a government contractor serving several military institutions, including the U.S. Department of the Navy. Creative Custom Products (“CCP”) challenged the Navy’s award of a $17.3M contract to FlexDecks for innovative modular maintenance platforms. CCP argued that the Navy’s evaluation of proposals was not in compliance with terms of the solicitation and resulted in an illegal source selection decision of a brand name or equal procurement.
Tenley Carp and Georgina Shepard represented client FlexDecks in a Government Accountability Office (GAO) protest filed by CCP. They exposed the numerous flaws in CCP’s arguments to GAO: First, they explained that CCP’s argument that the Navy’s Solicitation was “ambiguous” was untimely filed since such argument must have been filed prior to the due date for receipt of proposals. Second, they pointed out that CCP’s argument that the Navy’s specifications were “written around” the design features of a particular product was similarly untimely filed since it was a protest ground suitable only for a “pre-award” protest. Third, they proved that CCP’s argument that the Navy improperly waived requirements for FlexDecks lacked any basis in fact. Fourth, they showed that CCP’s argument that the Navy failed to amend the Solicitation was unsupported and that the Navy had, in fact, met is legal obligations with respect to the Solicitation. And, finally, they clarified why CCP had not been “competitively prejudiced” by any of the Navy’s alleged mistakes.
On October 18, 2019, GAO issued its decision denying the protest in part and dismissing it in part. As a result, FlexDecks has resumed performance of its Navy contract. The client sent the duo an email thanking them profusely for their efforts and expressing appreciation for the “truly excellent news” that NAVAIR (Naval AirSystems Command) would be canceling the stop-work order that had automatically halted FlexDeck’s performance upon the filing of CCP’s protest.