Radiance Technologies, Inc. (TORFP-24-005)

B-422615 Aug 30, 2024 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Radiance Technologies, Inc., of Huntsville, Alabama, challenges the terms of task order request for proposals (TORP) No. 24-005, issued by the Department of the Army for systems engineering and technical assistance services in support of the Army's Rapid Capabilities and Critical Technologies Office (RCCTO). Radiance, the incumbent contractor, objects to the solicitation's requirement that firms recertify their small business size status at the time of proposal submission. Radiance argues the requirement is unduly restrictive of competition and not authorized by law. 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 redacted version has been approved for public release. Decision Matter of: Radiance Technologies, Inc. File: B-422615 Date: August 30, 2024 W. Brad English, Esq., Jon D. Levin, Esq., and Emily J. Chancey, Esq., Maynard Nexsen, PC, for the protester. Wade L. Brown, Esq., and Timothy P. Wasyluka, Jr., Esq., Department of the Army, for the agency. Kasia Dourney, Esq., and Alexander O. Levine, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging task order solicitation requirement for offerors to recertify their small business status is denied where the recertification requirement was within the agency's discretion and where the protester failed to demonstrate that the agency's actions were otherwise unreasonable. DECISION Radiance Technologies, Inc., of Huntsville, Alabama, challenges the terms of task order request for proposals (TORP) No. 24-005, issued by the Department of the Army for systems engineering and technical assistance services in support of the Army's Rapid Capabilities and Critical Technologies Office (RCCTO). Radiance, the incumbent contractor, objects to the solicitation's requirement that firms recertify their small business size status at the time of proposal submission. Radiance argues the requirement is unduly restrictive of competition and not authorized by law. We deny the protest. BACKGROUND The Army issued the TORP on May 20, 2024, under the procedures of Federal Acquisition Regulation (FAR) subpart 16.5, to holders of the General Services Administration's (GSA) One Acquisition Solution for Integrated Services (OASIS) small business indefinite-delivery, indefinite-quantity (IDIQ) contract pool 4. Agency Report (AR), Tab 3, TORP Cover Page at 1; Contracting Officer's Statement and Memorandum of Law (COS/MOL) at 1. The solicitation contemplated the issuance of a costplusfixedfee task order with a 3-year base period and one 2-year option period.[1] AR, Tab 4, TORP Instructions at 1, 3. The agency sought proposals for support services to the RCCTO, to include program management, scientific, engineering, logistics, financial, and ancillary services. AR, Tab 5, TORP Performance Work Statement at 1. Prior to the issuance of the solicitation, the agency reviewed multiple capability statements for small business holders of the OASIS pool 4 contract available on the OASIS website. AR, Tab 18, GSA OASIS Capability Statements. On February 8, the agency issued a request for information (RFI) to identify potential OASIS pool 4 small businesses interested in participating in the upcoming procurement. AR, Tab 19, RFI. Based on the relatively large number of responses received, the contracting officer recommended setting the solicitation aside for small businesses. COS/MOL at 2. The Army's Office of Small Business Programs and the Small Business Administration's (SBA) procurement center representative concurred with that recommendation. Id.; AR, Tab 21, Market Research Report. The contracting officer then consulted the GSA OASIS ordering guide, which states, in relevant part, that: Unless the order solicitation explicitly requires size/socioeconomic recertification at the order level, the [ordering contracting officer] shall rely on the size/socioeconomic status shown in the OASIS Contracts in accordance with 13 C.F.R. 121.404(a)(1)(i)(B) as the size/socioeconomic certification was required at the [multi-agency contract] level for award. AR, Tab 22, GSA OASIS Ordering Guide at 12. Ultimately, the agency included a provision in the draft solicitation requiring offerors to recertify their small business status at the time of the task order proposal submission, as follows: All offerors must re-certify their business size/socioeconomic status with submission of its proposal and prior to award of the task order. COS/MOL at 3; AR, Tab 4, TORP Instructions at 7. Shortly thereafter, a representative from Radiance contacted the contracting officer to share concerns regarding the draft solicitation, including the recertification requirement. COS/MOL at 3.