Obsidian Solutions Group, LLC (M6785419R7800)

B-417134.3 Aug 28, 2020 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Obsidian Solutions Group, LLC, of Fredericksburg, Virginia, requests that we recommend that the United States Marine Corps reimburse it $34,777.37 for the costs of filing and pursuing its protest in Obsidian Solutions Group, LLC, B-417134, B-417134.2, Mar. 1, 2019, 2019 CPD ¶ 156. In that decision, we sustained the protest that the agency unreasonably excluded Obsidian from a competition for a multiple-award indefinite-delivery, indefinite-quantity contract under request for proposals (RFP) No. M67854-19-R-7800. We deny the request. 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:  Obsidian Solutions Group, LLC--Costs File:  B-417134.3 Date:  August 28, 2020 Milton C. Johns, Esq., and Jacqueline M-Koromah, Esq., Executive Law Partners, PLLC, for the protester. Kristine Kassekert, Esq., and Christy Rivers, Esq., United States Marine Corps, for the agency. Kenneth Kilgour, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protester’s request for a recommendation that it be reimbursed a particular amount for the costs of filing and pursuing its protest is denied where the protester failed to file a legally sufficient claim with the contracting agency within the time required. DECISION Obsidian Solutions Group, LLC, of Fredericksburg, Virginia, requests that we recommend that the United States Marine Corps reimburse it $34,777.37 for the costs of filing and pursuing its protest in Obsidian Solutions Group, LLC, B-417134, B‑417134.2, Mar. 1, 2019, 2019 CPD ¶ 156.[1]  In that decision, we sustained the protest that the agency unreasonably excluded Obsidian from a competition for a multiple-award indefinite-delivery, indefinite-quantity contract under request for proposals (RFP) No. M67854-19-R-7800. We deny the request. BACKGROUND The solicitation was to procure services to support multiple programs under the umbrella name of Marine Air-Ground Task Force Training Support Services.  The RFP required offerors to identify any actual or potential organizational conflicts of interest (OCI), including access to non-public information that would give the offeror an unfair competitive advantage.  Agency Report, Tab 12, Conformed RFP at 74.  The solicitation advised offerors that if the government determined that an OCI existed that could not be avoided, neutralized, mitigated, or waived, the contracting officer had the discretion to exclude potential offerors.  Id. at 87.  The solicitation further advised offerors that “the Contracting Officer may exclude an Offeror from the competition because of an appearance of an OCI in order to protect the integrity of the procurement system, even if no actual impropriety can be shown, so long as the determination is based on facts and not mere innuendo or suspicion.”  Id.  The contracting officer excluded Obsidian from the competition, finding that an employee of a subcontractor had access to competitively useful non-public information.  We found unreasonable the contracting officer’s conclusion, and, on March 1, 2019, we sustained the protest on that basis.  We recommended that the agency make a new assessment of whether Obsidian should be excluded from the procurement consistent with our decision.  We further recommended that the agency reimburse the protester the costs of filing and pursuing the protest.  We noted that Obsidian’s certified claim for costs, detailing the time expended and costs incurred, must be submitted to the agency within 60 days after receipt of the decision.  On Friday, April 26, after close of business--within 60 days of receipt of our decision--protester’s counsel submitted a certified claim to the Marine Corps seeking reimbursement of $44,405.42 for the costs of filing and pursuing its protest, including $40,440.39 for attorneys’ fees and expenses.  Email from Protester to Agency, Apr. 26, 2019, at 3-4.  The remainder--$3,965.03--was for Obsidian personnel.  Id.