Arrow Security & Training, LLC (H9240019R0003)

Case: B-418720 Agency: Protester: Arrow Security & Training, LLC Date: 2020-10-29 Denied
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B-418720.11 Oct 29, 2020 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Arrow Security & Training LLC, a small business of Nashua, New Hampshire, requests that our Office recommend that it be reimbursed the reasonable costs of filing and pursuing its protest challenging its non-selection for a multiple-award indefinite-delivery, indefinite-quantity (IDIQ) contract under request for proposals (RFP) No. H92400-19-R-0003, which was issued by the U.S. Special Operations Command (USSOCOM), for subject matter expertise and knowledge-based services in support of USSOCOM's enterprise requirements for U.S.-based and globally-aligned Special Operations Forces missions. Subsequent to the filing of Arrow's request, the agency represented that it "does not object to [Arrow's] request for reasonable costs," with the exception of the allegations that our Office dismissed on June 4, 2020, prior to the deadline for the submission of the agency's report in response to the protest. USSOCOM Response to Arrow's Request at 1. Arrow requests that our Office recommend that it be reimbursed for the costs of the dismissed protest grounds, arguing that they are not reasonably severable from its meritorious protest grounds. The request is denied. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This version has been approved for public release.   Decision Matter of:  Arrow Security & Training, LLC--Costs File:  B-418720.11 Date:  October 29, 2020 Gunjan R. Talati, Esq., Lawrence M. Prosen, Esq., Benjamin L. Williams, Esq., and Caitlin Trevillyan, Esq., Kilpatrick Townsend & Stockton, LLP, for the protester. Alexis J. Bernstein, Esq., Isabelle P. Cutting, Esq., Major Michelle Gregory, and Captain Allison Johnson, Department of the Air Force, for the agency. Evan D. Wesser, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Reimbursement of costs relating to the protester’s challenges to the agency’s evaluation of certain awardees’ responsibility and technical capabilities is not recommended where the challenges, which were dismissed by our Office prior to the deadline for the submission of the agency report, were clearly not meritorious, and are severable from the protester’s other meritorious protest grounds. DECISION   Arrow Security & Training LLC, a small business of Nashua, New Hampshire, requests that our Office recommend that it be reimbursed the reasonable costs of filing and pursuing its protest challenging its non-selection for a multiple-award indefinite-delivery, indefinite-quantity (IDIQ) contract under request for proposals (RFP) No. H92400-19-R-0003, which was issued by the U.S. Special Operations Command (USSOCOM), for subject matter expertise and knowledge-based services in support of USSOCOM’s enterprise requirements for U.S.-based and globally-aligned Special Operations Forces missions.  Subsequent to the filing of Arrow’s request, the agency represented that it “does not object to [Arrow’s] request for reasonable costs,” with the exception of the allegations that our Office dismissed on June 4, 2020, prior to the deadline for the submission of the agency’s report in response to the protest.  USSOCOM Response to Arrow’s Request at 1.  Arrow requests that our Office recommend that it be reimbursed for the costs of the dismissed protest grounds, arguing that they are not reasonably severable from its meritorious protest grounds. The request is denied.[1] BACKGROUND The RFP, which was issued as a total small business set-aside on June 14, 2019, and subsequently amended one time, sought proposals for multiple IDIQ contracts to provide USSOCOM with Special Operations Forces Core Services Support, including:  education and training services; management support services; program management; engineering, technical and professional services; and administrative and other services.  The RFP contemplated that the resulting IDIQ contracts will have a potential 10-year period of performance, comprised of a 5-year base period, an initial 3-year option period, and an additional 2-year option period.  RFP at 34.[2]  Orders against the IDIQ contracts may be placed on a labor-hour, time-and-material, fixed-price, or cost-plus-fixed-fee basis, with an aggregate ceiling for all contracts of $950 million.  Id. at 2-9. The RFP provided that award would be made to all “qualifying offerors,” defined as offerors that received a pass rating for administrative and responsibility matters, an acceptable rating for an IDIQ management evaluation factor, and a substantial confidence rating for past performance.[3]  Id.

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