Oready, LLC

B-423524.2 Aug 13, 2025 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Oready LLC, a small business of Las Vegas, Nevada, protests the terms of request for quotations (RFQ) No. 140A2325Q0137, issued by the Department of the Interior, Bureau of Indian Education (BIE), for school counselor services. The protester contends the solicitation is unduly restrictive of competition and contrary to law and regulation. We dismiss the protest. View Decision Decision Matter of: Oready, LLC File: B-423524.2 Date: August 13, 2025 Michael Farro, for the protester. William B. Blake, Esq., Department of the Interior, for the agency. Michael P. Grogan, Esq., and Evan D. Wesser, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging the terms of the solicitation is dismissed as academic where the agency agreed to take corrective action, to include amending the solicitation. 2. Protester is advised, for a second time, that citation irregularities may result in the imposition of sanctions. DECISION Oready LLC, a small business of Las Vegas, Nevada, protests the terms of request for quotations (RFQ) No. 140A2325Q0137, issued by the Department of the Interior, Bureau of Indian Education (BIE), for school counselor services. The protester contends the solicitation is unduly restrictive of competition and contrary to law and regulation. We dismiss the protest. BACKGROUND The agency issued the solicitation on April 29, 2025, pursuant to the procedures of Federal Acquisition Regulation (FAR) part 12 (Acquisition of Commercial Products and Commercial Services) and subpart 13 (Simplified Acquisition Procedures). RFQ at 3.[1] The solicitation contemplated the award of a single contract, with a 1-year base period of performance and four 1‑year option periods. Id. BIE sought a school counselor to support the Pine Ridge School in Pine Ridge, South Dakota. Id. at 32. The solicitation advised that award would be made to the most advantageous vendor, considering two factors: (1) technical; and (2) price. Id. at 20. The technical factor had two subfactors: (a) qualifications and capability; and (b) key personnel. Id. Prior to the May 9 due date for quotations, Oready filed a protest with our Office arguing that the solicitation is unduly restrictive of competition with respect to key personnel requirements. On June 4, 2025, the agency asked that our Office dismiss the protest as academic based on the agency's proposed corrective action. BIE explained it “received no viable responses to the protested solicitation and, therefore, [the agency] intends to review its needs and issue a solicitation amendment or new solicitation reflecting the revised requirement.” Oready, LLC, B-423524, June 5, 2025 (unpublished decision) at 1 (dismissing the protest as academic, based on the agency's proposed corrective action). BIE further explained its “review will include thorough consideration of each and every protest ground raised by Oready[,]” and that “[t]he revised solicitation will incorporate changes, if any, resulting from the Agency's review of Oready's protest allegations.” Id. The protester did not object to the agency's proposed corrective action. Id. On or about June 17, the agency issued amendment 0001 to the RFQ. Protest, exh. 2, amend. 0001 at 1. BIE, through this amendment, changed the period of performance, requirements concerning key personnel, and the evaluation criteria. Id. at 1-2. On June 26, prior to the due date for quotations, Oready again filed a protest with our Office. The protester contends the agency's evaluation criteria are contrary to law and regulation, the RFQ's key personnel commitment requirement is unduly restrictive of competition, and the solicitation includes impermissible provisions regarding the agency's vetting of vendors' personnel. Protest at 1-4. DISCUSSION Request for Dismissal Based on Corrective Action On July 25, the agency notified our Office that BIE would undertake corrective action in response to Oready's protest, and thus, asked that we dismiss the protest as academic on that basis.[2] Req. for Dismissal, July 25, 2025, at 1. BIE explains that its corrective action will include: amending the solicitation to remove the word “responsiveness” and replacing that word with a statement notifying offerors that a failure to comply with all response instructions may result in the removal of vendors from the competition; amending the solicitation's key personnel requirements to clarify that no personal services are required; and amending the solicitation to incorporate other changes, if any, resulting from the agency's review of the remaining protest allegations. Id. The protester objects to the agency's proposed corrective action.