Addx Corporation (FOPR-25-004)

B-423633 Jul 23, 2025 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Addx Corporation, a small business of Alexandria, Virginia, protests the issuance of a task order to KL3, LLC, a small business of Apex, North Carolina, under Fair Opportunity Proposal Request (FOPR) No. FOPR-25-004, issued by the Department of the Air Force for information technology architecture and engineering support. The protester challenges the evaluation of its proposal as well as the terms of the solicitation. We dismiss the protest as untimely. 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: Addx Corporation File: B-423633 Date: July 23, 2025 Lee Dougherty, Esq., and Esna Mihail, Esq., Effectus PLLC, for the protester. Ken M. Kanzawa, Esq., and Adam K. Lasky, Esq., Seyfarth Shaw LLP, for KL3, LLC, the intervenor. Erika Whelan Retta, Esq., and Aaron Weaver, Esq., Department of the Air Force, for the agency. Emily R. O'Hara, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest to GAO is dismissed as untimely where the matter was untimely protested to the agency; the timeliness exception for filing a protest with GAO after receipt of a required debriefing does not apply to agency-level protests. 2. Protest is dismissed as untimely where protester's challenge to award based on patently ambiguous term was filed after closing time for submission of proposals. DECISION Addx Corporation, a small business of Alexandria, Virginia, protests the issuance of a task order to KL3, LLC, a small business of Apex, North Carolina, under Fair Opportunity Proposal Request (FOPR) No. FOPR-25-004, issued by the Department of the Air Force for information technology architecture and engineering support. The protester challenges the evaluation of its proposal as well as the terms of the solicitation. We dismiss the protest as untimely. BACKGROUND On February 25, 2025, the Air Force issued the FOPR under the One Acquisition Solution for Integrated Services Plus (OASIS+) small business indefinite-delivery, indefinite-quantity (IDIQ) multiple award contract administered by the General Services Administration (GSA). Req. for Dismissal (RFD), attach. 1, Solicitation Memorandum at 1. The Air Force sought information technology architecture and engineer support for United States Strategic Command (USSTRATCOM). Id. The procurement would be conducted in accordance with Federal Acquisition Regulation (FAR) section 16.505. Id. On May 16, the agency issued the task order to KL3 for $12,636,523. That same day, Addx received its unsuccessful offeror notice, along with an eight-page written debriefing, which described in detail the evaluation results of Addx's proposal. RFD, attach. 2, Award Notice & Debriefing Letter. On May 19, Addx submitted written debriefing questions. RFD, attach. 3, Debriefing Questions at 2-4. The Air Force responded to Addx's debriefing questions on May 21. RFD, attach. 4, Debriefing Response at 1, 3-8. Addx filed an agency-level protest with the Air Force on June 2. RFD, attach. 5, Agency-Level Protest. On June 3, the agency dismissed Addx's agency-level protest. RFD, attach. 6, Agency-Level Protest Decision. Addx then filed its protest with our Office on June 13.[1] DISCUSSION The protester challenges the evaluation of Addx's proposal as well as the source selection decision. Protest at 4-9, 10-11. Addx also alleges the solicitation contained ambiguous instructions that prejudiced the protester. Id. at 9-10. The Air Force contends the protest to our Office is untimely because Addx's agency-level protest was untimely filed. RFD at 3. The protester asserts that its protest to our Office is timely because Addx filed a timely agency-level protest. Resp. to RFD at 2-3. In this regard, the protester maintains that Addx filed its agency-level protest within 10 days of when the basis of its protest became known--i.e., May 21, the date it received that agency's response to its debriefing questions. Id. Challenges to Evaluation and Source Selection Our Bid Protest Regulations contain strict rules for the timely submission of protests. These rules reflect the dual requirements of giving parties a fair opportunity to present their cases and resolving protests expeditiously without unduly disrupting or delaying the procurement process. Verizon Wireless, B‑406854, B‑406854.2, Sept. 17, 2012, 2012 CPD ¶ 260 at 3-4. Under these rules, a matter initially filed with a contracting activity will be considered timely by our Office only if the agency protest was filed within the time limits provided by our regulations, unless the contracting agency imposes a more stringent time for filing, in which case the agency's time for filing will control. 4 C.F.R. § 21.2(a)(3); see M2 Glob.