R&K Enterprise Solutions, Inc. (FA4890-21-R-0001)

B-419919.2 Feb 10, 2022 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Amaze Technologies, LLC, a small business of Herndon, Virginia, requests that we recommend the firm be reimbursed its reasonable costs of pursuing its protest. The protester challenged the terms of Fair Opportunity Proposal Request (FOPR) No. FA4890-21-R-0001, issued by the Department of the Air Force for training, operations, communications, and administrative services. Specifically, the protester alleged that a solicitation term requiring joint ventures to possess a facility clearance violated a Small Business Administration (SBA) regulation regarding joint ventures. After our Office sought and received SBA's views on the matter and the parties filed responses to SBA's submission, the Air Force stated that it would take corrective action, and we dismissed the protest as academic. We grant 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:  Amaze Technologies, LLC File:  B-419919.2 Date:  February 10, 2022 Shane J., McCall, Esq., Nicole Pottroff, Esq., Christopher Coleman, Esq., John L. Holtz, Esq., and Kevin Wickliffe, Esq., Koprince McCall Pottroff LLC, for the protester. Colonel Frank Yoon, Lieutenant Colonel Matthew W. Ramage‑White, Major Thomas Pfeifer, Kevin P. Stiens, Esq., Department of the Air Force, for the agency. David A. Edelstein, Esq., and Evan C. Williams, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Request for recommendation that agency reimburse the protester’s costs associated with filing and pursuing its protest of a term of a solicitation is granted where the protest was clearly meritorious and the agency unduly delayed taking corrective action until after the protest record was fully developed through Small Business Administration comments and the parties’ responses to those comments. Decision Amaze Technologies, LLC, a small business of Herndon, Virginia, requests that we recommend the firm be reimbursed its reasonable costs of pursuing its protest.  The protester challenged the terms of Fair Opportunity Proposal Request (FOPR) No. FA4890‑21‑R‑0001, issued by the Department of the Air Force for training, operations, communications, and administrative services.  Specifically, the protester alleged that a solicitation term requiring joint ventures to possess a facility clearance violated a Small Business Administration (SBA) regulation regarding joint ventures.  After our Office sought and received SBA’s views on the matter and the parties filed responses to SBA’s submission, the Air Force stated that it would take corrective action, and we dismissed the protest as academic.  We grant the request. Background The Air Force issued the solicitation under the One Acquisition Solution for Integrated Services (OASIS) Small Business Pool contract, a governmentwide, indefinite-delivery, indefinite-quantity acquisition vehicle administered by the General Services Administration (GSA) and reserved for small businesses.  FOPR at 1.[1]  The solicitation sought information warfare training, operations, communications, and administrative services in support of the Department of the Air Force, Air Combat Command.  Id. Of relevance to Amaze’s protest, the solicitation’s evaluation factors required offerors to possess a top secret facility clearance, stating as follows: Evidence of Top Secret Facility Clearance.  The Government will verify the offeror possesses a valid/adjudicated Top Secret Facility Clearance.  If the offeror does not have the required clearance at the time of proposal submission, the offeror will receive a rating of ‘Fail’ for this element, the proposal will not be evaluated further, and the offeror is not eligible for award. FOPR at 12, ¶ 16.1.1.1. Amaze is a small business mentor‑protégé joint venture composed of two entities, each of which possesses a top secret facility clearance; however, the joint venture itself does not possess a facility clearance.  See Protest at 2; Protest, exh. A, exh. B.  Prior to the due date for receipt of proposals, Amaze and the Air Force engaged in email communication regarding whether this arrangement would satisfy the solicitation’s facility clearance requirement.  Protest at 3‑5.  During this email exchange, the Air Force initially stated that joint ventures composed entirely of members with top secret facility clearances (such as Amaze) would meet the facility clearance requirement regardless of whether the joint venture itself possessed a facility clearance.  Protest, exh.