Foxhole Technology, LLC (91990021Q0001)

B-419577 May 12, 2021 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Foxhole Technology, Inc. of Fairfax, Virginia, a service-disabled veteran-owned small business concern, protests the decision of the Department of Education to set aside for historically underutilized business zone (HUBZone) small business concerns, request for quotations (RFQ) No. 91990021Q0001 for highly adaptive cyber augmentation services. Foxhole argues that the agency's decision to set aside the procurement for HUBZone small business concerns was based on inadequate market research and was therefore not justified. We deny the protest. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This version, with no redactions, has been approved for public release. Decision Matter of:  Foxhole Technology, Inc. File:  B-419577 Date:  May 12, 2021 Stuart B. Nibley, Esq., Sarah Burgart, Esq., Melody Alemansour, Esq., Amy C. Hoang, Esq., and Erica Bakies, Esq., K&L Gates LLP, for the protester. Tracey L. Sasser, Esq., and Megan Nathan, Esq., Department of Education, for the agency. Mary G. Curcio, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging agency’s decision to set aside procurement for historically underutilized business zone small business concerns under a procurement conducted pursuant to the Federal Supply Schedule procedures of Federal Acquisition Regulation subpart 8.4 is denied where three quotations were received from HUBZone businesses that are capable of performing the work. DECISION Foxhole Technology, Inc. of Fairfax, Virginia, a service-disabled veteran-owned small business concern, protests the decision of the Department of Education to set aside for historically underutilized business zone (HUBZone) small business concerns, request for quotations (RFQ) No. 91990021Q0001 for highly adaptive cyber augmentation services.  Foxhole argues that the agency’s decision to set aside the procurement for HUBZone small business concerns was based on inadequate market research and was therefore not justified. We deny the protest. BACKGROUND The agency used General Services Administration (GSA) Federal Supply Schedule (FSS) procedures, Federal Acquisition Regulation (FAR) subpart 8.4, for this procurement, and issued the RFQ as a set-aside for HUBZone small business concerns.  The RFQ was issued under Multiple Award Schedule (MAS) Special Item Number (SIN) 54151, highly adaptive cybersecurity and order level materials.  Agency Report (AR), Tab H, RFQ at 47.  Performance under the order will involve cybersecurity operations to protect the agency’s critical information, systems, and assets.  In general, the solicitation requested technical, project management, and operations support for the agency’s information assurances services’ cyber operations program.  Id. at 57, 60.  The RFQ provided for the issuance of an order on a best-value tradeoff basis considering the following factors:  technical approach, resource plan and key personnel, past performance, management plan, and price.  Id. at 49. The Department of Education conducted market research to determine if there were HUBZone small businesses that could meet its needs before it issued the RFQ as a set-aside.  AR, Tab A, Contracting Officer’s Statement (COS) at 2.  The agency first searched the GSA eLibrary website and found that there were 37 HUBZone small business companies registered under GSA SIN 54151, highly adaptive cybersecurity services.  Id., AR, Tab E, GSA eLibrary Contractor Listing.  The contracting officer then reviewed the contractor terms and conditions/pricelists of five randomly selected HUBZone small business contractors listed under SIN 54151.  COS at 2.  The contracting officer concluded based on this review that there were at least five HUBZone small business concerns that would be able to meet the agency’s requirements.  Id.  According to the agency, while the terms and conditions/pricelists vary for each vendor, they provide information about the vendor’s capabilities.  Agency Response to GAO Question, Apr.