Oready LLC (140A2325Q0207)

B-423758 Dec 08, 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. 140A2325Q0207, issued by the Department of the Interior, Bureau of Indian Education, for occupational therapy services. The protester contends that the solicitation's key personnel requirements are unduly restrictive of competition. We deny the protest. View Decision Decision Matter of: Oready, LLC File: B-423758 Date: December 8, 2025 Michael Faro, for the protester. William B. Blake, Esq., Department of the Interior, for the agency. Hannah G. Barnes, Esq., and April Y. Shields, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the terms of the solicitation as unduly restrictive of competition is denied where the agency has demonstrated that the requirements for vendors to submit the resumes of key personnel and associated letters of commitment are reasonably necessary to meet the agency's needs. DECISION Oready, LLC, a small business of Las Vegas, Nevada, protests the terms of request for quotations (RFQ) No. 140A2325Q0207, issued by the Department of the Interior, Bureau of Indian Education, for occupational therapy services. The protester contends that the solicitation's key personnel requirements are unduly restrictive of competition. We deny the protest. BACKGROUND The RFQ, issued on July 17, 2025, pursuant to Federal Acquisition Regulation parts 12 and 13, sought quotations for occupational therapy services at the agency-operated Mariano Lake Community School in Crownpoint, New Mexico. Agency Report (AR), Tab 2, RFQ at 1.[1] Specifically, the solicitation anticipated the award of a contract for two positions--an occupational therapist and an occupational therapy assistant--to provide services from August 1, 2025, to June 30, 2026. Id. at 3. The RFQ contemplated the award of a contract on a best-value tradeoff basis, considering four factors: (1) qualifications and capability, (2) key personnel, (3) past performance, and (4) price. Id. at 40-41. As relevant here, under the key personnel factor, the RFQ required vendors to provide “a resume, proof of applicable education, certifications, licensure, and direct contact information of key personnel.” Id. at 39. The solicitation required that these resumes “clearly demonstrat[e] qualifications and experience working in a school setting with special education programs and [individualized education programs].” Id. The solicitation advised vendors that if they were not currently employing the key personnel identified in their quotations, “a written statement signed by the individual must accompany the resume indicating the individual's commitment to join your firm as an employee in the event of an award.” Id. Prior to the July 23, 2025, due date for receipt of quotations, Oready filed this protest with our Office. DISCUSSION The protester argues that the solicitation's key personnel requirements are unduly restrictive of competition.[2] Specifically, Oready asserts that requiring vendors to submit key personnel resumes and accompanying letters of commitment is too difficult for small businesses and skews competition in favor of larger firms that can afford to recruit and retain specialized staff without the assurance that they will receive an award. Protest at 2. The protester contends that the agency should have first shown that a less restrictive approach--like requiring firms to submit a “detailed, post-award recruitment plan[]”--would not meet the agency's needs. Comments at 2. Oready also asserts that the agency has not justified its key personnel requirements. Protest at 3. The agency responds that its key personnel requirements are reasonably necessary to meet its needs. MOL at 3. Specifically, the agency argues that the requirements to provide key personnel resumes and “letter[s] of commitment” are essential to the agency's needs because “[w]ithout identifying key personnel, the [a]gency would have no way of evaluating key personnel qualifications or ensuring contractors can provide licensed/certified staff upon award.” Id. at 4. The agency asserts that without letters of commitment, Mariano Lake Community School risks not having staff in place at the start of the school year, causing delays that affect student well-being and increase administrative and temporary staffing costs. Id. at 4-5. The Bureau specifically points to its own experience with performance issues, compliance risks, and long service delays when vendors were not required to submit letters of commitment for proposed staff.