Analytical Graphics Inc

B-413385 Oct 17, 2016 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Analytical Graphics, Inc. (AGI), of Exton, Pennsylvania, protests the terms of request for proposals (RFP) No. FA2550-16-R-8002, which was issued by the Department of the Air Force for space situational awareness software and services. AGI argues that the solicitation does not reflect the agency's actual needs, is improperly set aside for small businesses, and improperly designates the procurement as non-commercial. We deny the protest in part and dismiss it in part. We deny the protest in part and dismiss it in part. View Decision 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:  Analytical Graphics, Inc. File:  B-413385 Date:  October 17, 2016 Seamus Curley, Esq., and Daniel J. Cook, Esq., DLA Piper LLP-US, and Kevin P. Mullen, Esq., Morrison & Foerster LLP, for the protester. Lt. Col. C. Taylor Smith, Christopher S. Cole, Esq., Maj. David Gilkes, Jason Templin, Esq., Department of the Air Force, for the agency. Jonathan L. Kang, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest that the solicitation’s minimum requirements are too low and do not reflect the agency’s actual requirements is denied where the agency had a reasonable basis for the requirements.  2.  Protest challenging the agency’s decision to set aside the procurement for small businesses is denied where the agency had a reasonable expectation that offers would be received from at least two responsible small business concerns, and award would be made at a fair market price. 3.  Protest challenging the issuance of the solicitation on a non-commercial item basis is dismissed where the protester, a large business, is not an interested party because the agency’s commercial item determination did not affect the analysis of whether small businesses could perform the requirement.    DECISION Analytical Graphics, Inc. (AGI), of Exton, Pennsylvania, protests the terms of request for proposals (RFP) No. FA2550-16-R-8002, which was issued by the Department of the Air Force for space situational awareness software and services.  AGI argues that the solicitation does not reflect the agency’s actual needs, is improperly set aside for small businesses, and improperly designates the procurement as non-commercial.  We deny the protest in part and dismiss it in part. BACKGROUND The solicitation seeks proposals to provide space situational awareness capabilities for the Joint Interagency Combined Space Operations Center (JICSpOC).  Agency Report (AR), Tab 29, Performance Work Statement (PWS), at 5.  The contractor will be required to “augment the Government’s ability to detect and characterize space threats and improve integration between Department of Defense (DoD), intelligence community, interagency, and nongovernmental space assets.”  Id.  Among the requirements relevant to this protest is provision of “near real-time data [concerning] up to 200 tasked objects (as identified in a classified annex), across all orbital regimes, from sensor phenomenology that includes but is not limited to optical, radar, and passive radio frequency (RF).”  Id. at 6.  These objects are also referred to as resident space objects (RSOs) elsewhere in the record.  AR, Tab 26, Market Research Report, at 2; Tab 33, Aff. of Agency Program Manager (July 20, 2016), at 1. On November 4, 2015, the Air Force issued a sources sought notice/request for information (RFI) seeking responses from firms interested in performing a contract to provide space situational awareness data.  The RFI stated the data must be validated on “commercial systems outside of the Department of Defense (DoD) network.”  RFI (Nov. 4, 2015) at 1.  On March 29, 2016, the Air Force issued an amended RFI setting forth revised “salient characteristics,” which were also described as “minimum requirements.”[1]  AR, Tab 7, RFI amend. 1 (Mar. 29, 2016) at 5.  This amended RFI requested responses from interested firms by April 6.  The RFI also stated that the agency would invite firms to an industry day meeting on April 15, to provide an opportunity for “a one-on-one briefing with the Government on how their commercial solution may meet Government classified requirements.”  Id. at 3.  The agency issued amendments to the RFI on April 1 and 5, which addressed questions from interested firms.  The Air Force received RFI responses from 15 firms, 9 of which were large businesses, and 6 of which were small businesses.  AR, Tab 26, Market Research Report, at 3.  Based on these responses, the agency invited eight firms to the industry day meetings.  Id.