InfoPoint LLC (FA4890-21-R-0008)

B-419856 Aug 27, 2021 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights InfoPoint LLC, a small business of Livonia, Michigan, protests the terms of fair opportunity proposal request (FOPR) No. FA4890-21-R-0008, which was issued by the Department of the Air Force for command and control, intelligence, surveillance, and reconnaissance (C2ISR) support services. The protester argues that the solicitation's requirement that a joint venture competing for the award, as opposed to the members of the joint venture, must have a top secret facility clearance is inconsistent with statutory and regulatory provisions concerning the evaluation of the capabilities of the members of small business joint ventures. We sustain the protest. View Decision Decision Matter of:  InfoPoint LLC File:  B-419856 Date:  August 27, 2021 Scott R. Williamson, Esq., and Daniel R. Williamson, Esq., Williamson Law Group, LLC, for the protester. Colonel Patricia S. Wiegman-Lenz, Michael J. Farr, Esq., Siobhan K. Donahue, Esq., and Kevin P. Stiens, Esq., Department of the Air Force; and John W. Klein, Esq., and Mark R. Hagedorn, Esq., Small Business Administration, for the agencies. Jonathan L. Kang, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging a solicitation requirement that a joint venture competing for the award, as opposed to the individual members of the joint venture, hold a top secret facility clearance is sustained where the requirement is prohibited by the National Defense Authorization Act for fiscal year 2020 as well as by regulations issued by the Small Business Administration. DECISION InfoPoint LLC, a small business of Livonia, Michigan, protests the terms of fair opportunity proposal request (FOPR) No. FA4890-21-R-0008, which was issued by the Department of the Air Force for command and control, intelligence, surveillance, and reconnaissance (C2ISR) support services.  The protester argues that the solicitation’s requirement that a joint venture competing for the award, as opposed to the members of the joint venture, must have a top secret facility clearance is inconsistent with statutory and regulatory provisions concerning the evaluation of the capabilities of the members of small business joint ventures. We sustain the protest. BACKGROUND The Air Force issued the FOPR on April 22, 2021, seeking proposals to provide C2ISR support services for the Air Force Air Combat Command.  FOPR at 1; Performance Work Statement (PWS) at 2.[1]  The solicitation was limited to firms[2] that hold one of the One Acquisition Solution for Integrated Services (OASIS)--small business pool of governmentwide multiple-award indefinite-delivery, indefinite-quantity (IDIQ) contracts, which were awarded by the General Services Administration.  FOPR at 1.  The FOPR anticipates the issuance of a task order with fixed-price and cost-reimbursement contract line items, with a base period of 10 months and four 1-year options.  Id.  The solicitation advised that proposals will be evaluated based on three factors:  (1) technical capability, (2) past performance, and (3) price.  Id. at 2.  For purposes of award, the technical capability factor will be evaluated on a pass/fail basis, and the past performance factor is “significantly more important” than price.  Id. As relevant here, the solicitation required that an offeror possess a top secret facility clearance at the time of proposal submission, as follows: 2.2 A Top Secret Facility Clearance is required.  An Offeror without the requisite clearance will not be permitted as the prime contractor due to the required security classification.  Offerors shall possess or acquire a facility clearance equal to the requirement on the DD254 (Attachment 2) without additional authorization (i.e. National Interest Determination (NID)) by the proposal due date.  If an Offeror does not have the required clearance at the time of proposal submission, the proposal will not be evaluated and is not eligible for award.  The Sensitive Compartmentalized Information (SCI) work will take place at a Government facility. Id. In response to questions from prospective offerors, the Air Force advised that an offeror comprised of two or more companies aligned to submit a proposal for this effort as a joint venture must itself satisfy the facility clearance requirement.  The solicitation further advised that “[t]he individual partners to the [joint venture] having the [facility clearance] is not sufficient.”  Agency Request for Dismissal, attach.