Marvin Test Solutions, Inc. (FA8533-25-R-0002)

Case: B-423928 Agency: Department of the Air Force : Department of the Air Force Date: 2026-01-28 Denied
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B-423928,B-423928.2 Jan 28, 2026 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Marvin Test Solutions, Inc., of Irvine, California, protests the terms of request for proposals (RFP) No. FA8533-25-R-0002, issued by the Department of the Air Force for a common armament tester for F-15, F-16, and A-10 fighter aircraft. The protester argues that the agency was required to acquire the testers as a procurement of commercial items under the provisions of Federal Acquisition Regulation (FAR) part 12, and that the solicitation is otherwise unduly restrictive of competition. We deny the protest in part and dismiss the protest in part. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This version has been approved for public release. Decision Matter of: Marvin Test Solutions, Inc. File: B-423928; B-423928.2 Date: January 28, 2026 Kevin J. Maynard, Esq., and Vaibhavi Patria, Esq., Wiley Rein LLP, for the protester. Erika Whelan Retta, Esq., Michael J. Farr, Esq., Walker J. Gray, Esq., and Erik T. Fuqua, Esq., Department of the Air Force, for the agency. Michael Willems, Esq., and Evan D. Wesser, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest alleging that the agency's requirements are unduly restrictive of competition is denied where the agency articulated a reasonable basis for the requirement relating to testing armaments of military aircraft. 2. Protest alleging that the agency should have procured a requirement for armament testers using the commercial item procedures of Federal Acquisition Regulation part 12 is dismissed where, notwithstanding that the protester produces a component of the armament tester that has previously been procured by the agency as a commercial item, the tester does not meet the agency's reasonable minimum requirements for the given component and, therefore, the protester is not an interested party to challenge other aspects of the solicitation. DECISION Marvin Test Solutions, Inc., of Irvine, California, protests the terms of request for proposals (RFP) No. FA8533-25-R-0002, issued by the Department of the Air Force for a common armament tester for F-15, F-16, and A-10 fighter aircraft. The protester argues that the agency was required to acquire the testers as a procurement of commercial items under the provisions of Federal Acquisition Regulation (FAR) part 12, and that the solicitation is otherwise unduly restrictive of competition. We deny the protest in part and dismiss the protest in part. BACKGROUND The agency issued the RFP on August 5, 2025, seeking the development, manufacture, and sustainment of a common armament tester for various fighter aircraft (CAT-F). Memorandum of Law (MOL) at 1. The agency was seeking to procure four interrelated hardware components: (1) a handheld tester for operational level (O-level) maintenance on the flightline; (2) aircraft-specific test kits for O-level maintenance; (3) a fault-line tester for intermediate level (I-level) or backshop maintenance; and (4) additional fault-line test kits for I-level maintenance. See Agency Report (AR), Tab 11, Market Research Report at 1; Tab 26, RFP, attach. 3, Statement of Objectives (SOO) at 1. The RFP requires that these systems interoperate and work together to consolidate the functions of multiple legacy testers currently in use for armament testing. See, e.g., AR, Tab 26, RFP, attach. 3, Statement of Objectives (SOO) at 2 (explaining that an offeror's O-level test results “shall be compatible” with I-level test results and that an offeror's I-level tester “shall” incorporate the O-level handheld tester in its design). Prior to issuing the RFP, the agency engaged in extensive market research over a period of years. MOL at 2-3. In May of 2021 the agency issued its first request for information and capability survey, receiving responses from six vendors. Id. This was followed in November of 2021 by an industry outreach event. Id. In parallel with its market research, the agency also took steps to research and refine its requirements. Id. For example, the agency held site visits at three Air Force bases where the aircraft to be tested are maintained to discuss operational needs, as well as a three-day technical interchange meeting with multiple government subject-matter experts. Id. In 2023 and 2024, the agency conducted additional market research. For example, the agency issued a sources sought notice with draft requirements, and received 11 responses with capability statements. MOL at 2-3. The agency also held a virtual industry day concerning the requirements, which included one-on-one sessions with 14 vendors, including the protester. Id.

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