PTC Solutions JV, LLC (FA8617-24-R-B001)
Case: B-422576
Agency: Department of the Air Force : Department of the Air Force
Date: 2025-07-24
Denied
B-422576
Jul 31, 2024
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Highlights
CymSTAR, LLC, a small business of Broken Arrow, Oklahoma, challenges the terms of fair opportunity proposal request (FOPR) No. FA8617-24-R-B001, issued by the Department of the Air Force for the acquisition of a maintenance training system (MTS) for the agency's fleet of T-7A aircraft. The protester challenges the solicitation terms pertaining to the cost to obtain necessary technical data, as well as the FOPR terms governing the weight afforded to evaluation subfactors and factors. CymSTAR also contends that the agency failed to adequately investigate and mitigate an unequal access to information organizational conflict of interest (OCI) that provides another offeror with an unfair competitive advantage.
We deny the protest.
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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: CymSTAR, LLC
File: B-422576
Date: July 31, 2024
Jason N. Workmaster, Esq., Scott N. Flesch, Esq., Ashley Powers, Esq., Alexandra Prime, Esq., and Connor Farrell, Esq., Miller & Chevalier Chartered, for the protester.
J. Ryan Frazee, Esq., Jennifer Eve Retener, Esq., and Jonathan C. Clark, Esq., Wiley Rein LLP, for PTC Solutions JV, LLC, the intervenor.
Colonel Patricia Wiegman-Lenz, Geoffrey R. Townsend, Esq., Christian H. Robertson II, Esq., and Amy L. Johnson, Esq., Department of the Air Force, for the agency.
Michelle Litteken, Esq., and Alexander O. Levine, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest challenging various solicitation terms as ambiguous or preventing offerors from competing on a common basis is denied where the protester's interpretation of the solicitation is not reasonably supported, and the solicitation provides sufficient information to allow offerors to intelligently prepare proposals.
2. Protest that agency failed to mitigate an unequal access to information organizational conflict of interest held by an offeror is denied where the record shows that the information was voluntarily disclosed to the offeror by a private party pursuant to an arms-length agreement between the two firms.
3. Protest challenging solicitation's failure to disclose the relative importance of evaluation subfactors and factors is denied where the protester's allegations are based on a misunderstanding of applicable law.
DECISION
CymSTAR, LLC, a small business of Broken Arrow, Oklahoma, challenges the terms of fair opportunity proposal request (FOPR) No. FA8617-24-R-B001, issued by the Department of the Air Force for the acquisition of a maintenance training system (MTS) for the agency's fleet of T-7A aircraft. The protester challenges the solicitation terms pertaining to the cost to obtain necessary technical data, as well as the FOPR terms governing the weight afforded to evaluation subfactors and factors. CymSTAR also contends that the agency failed to adequately investigate and mitigate an unequal access to information organizational conflict of interest (OCI) that provides another offeror with an unfair competitive advantage.
We deny the protest.
BACKGROUND
The instant solicitation seeks a contractor to train the personnel who maintain the Air Force's T-7A aircraft and its associated subsystems. As relevant here, the T-7A Advanced Pilot Training (APT) program is an Air Force program that will replace the agency's existing training programs for student pilots. Agency Report (AR), Tab 6, FOPR attach. 2, Statement of Work (SOW) at 1. The T-7A APT program includes several subprograms, including the T-7A MTS at issue in this protest. Id. The T-7A MTS will provide personnel with the foundational skills and core competencies required to maintain the T-7A aircraft and its associated subsystems. Id.
On March 20, 2024, using the procedures of Federal Acquisition Regulation (FAR) subpart 16.5, the Air Force issued the solicitation as a set-aside to small businesses holding the agency's Training Systems Acquisition IV indefinite-delivery, indefinite-quantity (IDIQ) contract.[1] Contacting Officer's Statement (COS) at 2. The FOPR seeks a contractor to provide the T-7A MTS, which will include a suite of maintenance training devices, interactive multimedia instruction and training materials, smart classrooms, and support environments to manage training schedules, student data, and equipment updates. SOW at 1.
The FOPR anticipates the issuance of a delivery order comprised of a 1-year base period and four 1-year option periods with fixed-price-incentive, cost-reimbursable,[2] cost-plus fixed-fee level of effort, and fixed-price CLINs. AR, Tab 10, FOPR attach. 6, § L at 2. The FOPR states that award will be made on the basis of a tradeoff, considering technical approach and price. AR, Tab 11, FOPR attach.
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