Case Study 1

Firm A intended to propose on Federal contract for waste removal. The agency issuing the requirement had established standards for waste removal to include medical waste. The RRP, when issued, noted that the removal of medical waste had to comply with the National Institutes of Health guidelines which had recently received ISO status.

Firm A protested the solicitation stating that the requirement to meet NIH standards conflicted with the agency's own established standards and unduly restricted competition because it exceeded the standards imposed by current agency policy..

In response, the agency argues that its requirements are necessary to meet a legitimate need of the agency and do not contradict existing policy or regulatory requirements.

Where a protester challenges a specification or requirement as unduly restrictive of competition, the procuring agency has the responsibility of establishing that the specification or requirement is reasonably necessary to meet the agency's needs.

How do you think the GAO ruled and why?