Vox Optima, LLC

Material Facts

• The Navy awarded Vox Optima, LLC an indefinite-delivery, indefinite-quantity contract on January 2, 2019.
• The contract contained a maximum pass-through rate of 8% on subcontractors.
• Appellant submitted a proposal by the April 23, 2019 deadline with a pass-through rate of 8.15%, which was higher than the maximum.
• The higher rate was attributed to a clerical error and rounding conventions in the government spreadsheet.
• The contracting officer excluded appellant from the competitive range on December 2, 2019, due to the pass-through rate being a material nonconformance.
• Appellant submitted a corrected pass-through rate later that day, but the contracting officer declined to change his decision.
• On December 17, 2019, appellant submitted a document labeled as a 'CLAIM FOR PROPOSAL COSTS' to the Board, requesting reimbursement of $56,961.09.
• Appellant's counsel confirmed on April 14, 2020, that it had not submitted a claim to the contracting officer.

Parties

Appellant

Vox Optima, LLC

Respondent Agency

Navy

Contract Number

N00178-19-D-8818