My firm recently won an agency-level protest on a federal SDVOSB set-aside for court reporting services, NAICS 561492. The original solicitation was an RFQ, and we protested an award to a large business that was clearly ineligible for the set-aside. The agency agreed with our protest and said they would take corrective action. What does that mean for us? Does the agency have to award the contract to my company now, or can they re-evaluate the offers and award to a different small business? How often does corrective action lead to a different award decision?
What happens after a successful bid protest, and can the agency still award to someone else?
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Corrective action after a successful protest means the agency will fix the error, and they can still award to a different eligible small business. The agency agreed with your protest that the original awardee was ineligible, so they will re-evaluate the offers from eligible small businesses. The agency does not have to award the contract to your company. Under the Federal Acquisition Regulation (FAR), specifically FAR 33.103, an agency can take various corrective actions, which often involve re-evaluating proposals, amending the solicitation, or even canceling it and resoliciting. I've seen it go both ways, where the original protester gets the award, or the agency finds another qualified small business. For state and local work, the rules for corrective action are found in the specific state or local procurement code and the portal's vendor guide.