That evidence is that there have been no findings by the DOL regarding SCA violations on the part of either of the two awardees. When a Dispute Resolution Officer or Special Master determines that a protest . . . is frivolous or has no basis in fact or law, a summary decision may be issued as the recommendation to the FAA Administrator. . . . The record in this case does not reveal any improper Agency action related to the awards to either Weather One or Precision. Thus, there does not appear to be any basis in fact for the instant protest. It is the protester that must bear the burden of affirmatively proving its case.
Mere allegations are never adequate to sustain such a burden.
Furthermore, there does not appear to be any legal basis for seeking relief from the ODRA in this matter. As had been explained by the DRO, the ODRA will not ordinarily delve into matters of responsibility, absent extraordinary circumstances that are not present here. As has long been recognized, matters of establishing labor act violations are within the sole purview of the DOL, and sanctions are not to be imposed on contractors for alleged violations before the DOL has made its determination regarding them. When reviewing the record, a rational basis for Agency action is all that needs be established, in order for the ODRA to deny a protest. See AMS Section 3.9.3.2.3.2.