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B-419546 Apr 26, 2021 1 (2021-04-26)

handle is hein.gao/gaolkp0001 and id is 1 raw text is: 


                   1Oo U.S. GOVERNMENT ACCOUNTABILITY OFFICE
                               A Century of Non-Partisan Fact-Based Work
441 G St. N.W.                                                  Comptroller General
Washington, DC 20548                                            of the United States




Decision


Matter of:   Innovate Now, LLC

File:        B-419546

Date:       April 26, 2021

John R. Prairie, Esq., Cara L. Lasley, Esq., and Adam R. Briscoe, Esq., Wiley Rein LLP,
for the protester.
Colonel Patricia S. Wiegman-Lenz, Michael J. Farr, Esq., Captain David J. Ely, and
Edward  S. Fisher, Esq., Department of the Air Force, for the agency.
Meagan  K. Guerzon, Esq., for the Small Business Administration.
Scott H. Riback, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

1. Protest challenging solicitation requirement that protege members of a mentor-
protege joint venture have the same level of experience as other offerors is sustained;
the requirement violates an express prohibition contained in a Small Business
Administration regulation.

2. Protest alleging that solicitation is ambiguous because it requires offerors to
demonstrate the staffing used on a prior contract at a single point in time is sustained
because the solicitation does not define the single point in time requirement, and
offerors will be unable to compete on a common basis.
DECISION

Innovate Now, LLC, of Beavercreek, Ohio, protests the terms of request for proposals
(RFP) No. FA8622-21-R-8335,  issued by the Department of the Air Force for
engineering, professional and administrative support services at the Air Force Material
Command   headquarters at Wright-Patterson Air Force Base, Ohio. Innovate argues
that the RFP violates the requirements of the Small Business Administration's (SBA)
regulations pertaining to small-business mentor-protege offerors, and also is otherwise
unduly restrictive of competition.

We  sustain the protest.

The RFP  contemplates the issuance of a cost-plus-fixed-fee type task order for a base
year and four 1-year options using a unique source selection method that the Air Force

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