Software Engineering Services Corporation
Case: B-411739
Agency: Department of Defense : Department of the Air Force
Protester: Software Engineering Services Corporation
Date: 2015-10-08
Denied In Part
B-411739
Oct 08, 2015
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Highlights
Software Engineering Services Corporation (SES), of Bellevue, Nebraska, protests the Department of the Air Force's issuance of a task order to OBXtek, Inc., of Tysons Corner, Virginia, under request for proposals (RFP) No. FA9101-15-F-0001, for network-centric information technology (IT), networking and security, voice, video and data communications, information and applications management, system solutions, and related services. SES primarily argues that the agency failed to verify OBXtek's small business size status.
We deny the protest in part and dismiss it in part.
We deny the protest in part and dismiss it in part.
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DOCUMENT FOR PUBLIC RELEASE
The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release.
Decision
Matter of: Software Engineering Services Corporation
File: B-411739
Date: October 8, 2015
John M. Heida, Esq., Heida Law Firm, LLC, for the protester.
Isaias Alba, IV, Esq., Michelle E. Litteken, Esq., Ambika J. Biggs, Esq., and Jacqueline K. Unger, Esq., Piliero Mazza PLLC, for OBXtek, Inc., the intervenor.
William M. Lackermann Jr., Esq., and Capt. Tamberneshia Willis, Department of the Air Force; Michael J. Noble, Esq., General Services Administration; and John W. Klein, Esq., and Alison M. Mueller, Esq., Small Business Administration, for the agencies.
Paula J. Haurilesko, Esq., and David A. Ashen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest that the ordering contracting officer for a task order issued under a multiple-award, government-wide acquisition contract failed to verify the awardee’s small business status is denied, where the Small Business Administration, in ruling on a size status protest, found that the solicitation did not require recertification of size status at the order level, and the record shows that the awardee had small business status on the date of proposal submission.
DECISION
Software Engineering Services Corporation (SES), of Bellevue, Nebraska, protests the Department of the Air Force’s issuance of a task order to OBXtek, Inc., of Tysons Corner, Virginia, under request for proposals (RFP) No. FA9101-15-F-0001, for network-centric information technology (IT), networking and security, voice, video and data communications, information and applications management, system solutions, and related services.[1] SES primarily argues that the agency failed to verify OBXtek’s small business size status.
We deny the protest in part and dismiss it in part.
BACKGROUND
The RFP, issued on November 18, 2014, provided for issuance on a best-value basis of a fixed-price task order for network-centric IT, networking and security, voice, video and data communications, information and applications management, system solutions, and related services. The procurement was set-aside for service-disabled, veteran-owned small business (SDVOSB) holders of indefinite-delivery/indefinite-quantity contracts under the General Services Administration’s (GSA) Alliant small business government-wide acquisition contract (GWAC). The base period of the Alliant contracts ran from February 3, 2009 to February 2, 2014, with a 5-year option period. GSA Comments at 2. Effective February 3, 2014, GSA exercised the 5‑year option on the Alliant small business GWAC contracts. The GSA contracting officer modified OBXtek’s Alliant contract on February 27 to recognize the concern’s representation (in connection with the exercise of the Alliant option) as a small business. GSA Comments at 3, Attachs. 3, Mod. PO13, and 4, Mod. PA14.
Full decision text continues on ProtestIntel...