Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm News
Author: Scarinci Hollenbeck, LLC
Date: November 3, 2016
The Firm
201-896-4100 info@sh-law.comLyndhurst, New Jersey, November 3, 2016 — Scarinci Hollenbeck successfully represented AASKI Technology, Inc. (“AASKI”) in a bid protest before the Government Accountability Office (GAO), preserving the Ocean-based defense contractor’s award to provide professional support to the U.S. Army (the “Army”). URS Federal Services, Inc., represented by Washington D.C. – based Wiley Rein, protested the award, arguing the Army misevaluated its lower-cost proposal and applied unstated criterion when evaluating its proposed key personnel. On October 12, 2016, the GAO rejected URS’s protest and upheld the award to AASKI.
A Request for Task Execution Proposal (RTEP) was issued by the Army under the Rapid Response Third Generation (R2-3G) multiple award contract. The solicitation stated that an award would be made on a lowest price technically acceptable (LPTA) basis. It also stated that the offerors would be evaluated on three factors: technical, cost, and cost control factors. The technical evaluation factor consisted of five subfactors, including key personnel. To satisfy the key personnel subfactor, offerors were required to submit resumes for 11 key personnel positions. The resumes needed to show that each proposed candidate met the criteria established by the R2-3G base labor categories and the Performance Work Statement.
After evaluating the proposals, the Army awarded the contract to AASKI. The Army held that although URS’ proposal was lower in cost, it failed to submit a suitable candidate for one of its 11 key personnel positions, namely the position of Senior Analyst for the Explosive Ordinance Disposal (EOD) program. The Army found that URS’s proposed candidate lacked EOD-specific training or experience. URS filed a bid protest with the GAO, arguing that EOD specific training or experience was not required under the terms of the solicitation. URS argued, in the alternative, that the Army unreasonably evaluated its candidate. They stated that certain key aspects of the candidate’s training were ignored by the Army.
After two rounds of briefing from the Army, URS and AASKI, the GAO denied URS’ bid protest. The GAO found that the RTEP sufficiently placed URS on notice that its proposed candidate needed to demonstrate knowledge of the EOD program. In light of this, the Army did not apply an unstated criterion. The GAO also found URS’ contention that its proposed candidate met the requirements based on his experience with counter-IEDs and the Army to be unpersuasive. The GAO pointed out that URS conceded its candidate had no specific EOD training or experience. Thus, they determined that URS’ argument amounted to “no more than mere disagreement with the [Army] and provides no basis to question the reasonableness of the [Army’s] evaluation.”
Scarinci Hollenbeck Senior Associate Roshan D. Shah represented AASKI Technology, Inc.
For the full decision, see Matter of URS Federal Services, Inc.
About Roshan D. Shah
Roshan D. Shah is a distinguished litigator and trial attorney Mr. Shah has successfully tried cases to juries in federal and state courts, and administrative agencies. Among his many honors and awards, he was named one of the New Jersey Law Journals New Leaders of the Bar for 2016. In 2015, he was awarded the New Jersey Attorney General’s Award for Trial Excellence.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Scarinci Hollenbeck Partner Christopher D. Warren Named to New Jersey Supreme Court District VI Ethics Committee Little Falls, NJ — September 5, 2025 — Scarinci Hollenbeck, LLC is proud to announce that Christopher D. Warren, Partner, has been appointed to serve on the New Jersey Supreme Court District VI Ethics Committee for the term 2025–2029. Mr. Warren brings more than […]
Author: Scarinci Hollenbeck, LLC
Scarinci Hollenbeck Congratulates Theodore A. Schwartz Scholarship Recipient Adrienne Aiken Little Falls, NJ — July 21, 2025 — Scarinci Hollenbeck, LLC established the Theodore A. Schwartz Scholarship for Environmental Law to recognize the contributions of retired partner Theodore “Ted” Schwartz and support the next generation of environmental lawyers. Adrienne Aiken, the recipient of the 2025 […]
Author: Scarinci Hollenbeck, LLC
Ten Scarinci Hollenbeck Attorneys Recognized in 2026 Edition of Best Lawyers in America© Little Falls NJ – August 28, 2025 – Scarinci Hollenbeck, LLC is pleased to announce that ten attorneys have been recognized in the 2026 edition of The Best Lawyers in America®. First published in 1983, Best Lawyers is universally regarded as the definitive guide to legal excellence. […]
Author: Scarinci Hollenbeck, LLC
Scarinci Hollenbeck Partner Recognized for Continued Impact on Industrial Real Estate Industry Little Falls, NJ — July 25, 2025 — Scarinci Hollenbeck, LLC Partner Donald “Don” Pepe was recently recognized as a 2025 Influencer in Industrial Real Estate by GlobeSt, a leading commercial real estate publication. The GlobeSt award recognizes the professionals, teams, and companies […]
Author: Scarinci Hollenbeck, LLC
NYC Real Estate and Litigation Attorney Ryan O. Miller and Team Join Scarinci Hollenbeck, LLC New York City, NY – August 13, 2025 – Scarinci Hollenbeck, LLC has strengthened its Real Estate and Litigation practices with the addition of four New York City-based attorneys. Ryan Miller, who joins as a partner, is well known for […]
Author: Scarinci Hollenbeck, LLC
Bloomberg Law Podcast Discusses Shaquille O’Neil FTX Settlement With Ron Bienstock Little Falls, NJ – June 24, 2025 – Scarinci & Hollenbeck, LLC Partner and Chair of the firm’s Intellectual Property and Entertainment & Media departments Ronald S. Bienstock recently joined the Bloomberg Law podcast to discuss Shaquille O’Neal settling a class-action lawsuit over his FTX endorsement. […]
Author: Scarinci Hollenbeck, LLC
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!