File Number: B-422358
Digest
Protest challenging solicitation as unduly restrictive of competition because it sets a specific minimum dollar threshold for organizational experience references is denied where agency provides a rational explanation for the threshold and demonstrates that the threshold reasonably relates to the agency’s needs.
Discussion
WILLCOR argues that the agency’s requirements are unduly restrictive of competition.[4] According to the protester, the $40 million threshold for organizational experience references is unrelated to an offeror’s ability to perform the requirements and fails to support a fair opportunity for firms to compete in accordance with FAR subpart 16.5 principles. Protest at 3-5. WILLCOR asserts that the requirement arbitrarily reduces competition when the average small business award is $2.5 million. Id. at 4 (citing National Defense Magazine, Feb. 13, 2023).[5] WILLCOR also argues that the $40 million threshold for references favors one of its potential competitors. Id. at 5. Although we do not specifically address all the protester’s arguments about the solicitation, we have considered all of them and find they provide no basis on which to sustain the protest.
Where a protester challenges a solicitation provision as unduly restrictive, the acquiring activity has the responsibility of establishing that the provision is reasonably necessary to meet the agency’s requirements. Flight Support, Inc., B‑417637.2, Oct. 3, 2019, 2019 CPD ¶ 375 at 3; OMNIPLEX World Servs. Corp., B-415988.2, Dec. 12, 2018, 2018 CPD ¶ 424 at 3. We examine the agency’s justification for a challenged provision to ensure that it is rational, and can withstand logical scrutiny. Flight Support, Inc., supra; OMNIPLEX World Servs. Corp., supra. Our Office has determined that when deciding whether a solicitation’s evaluation criteria are unduly restrictive, the fact that an aspect of the solicitation’s evaluation criteria may prevent a number of firms from obtaining a positive, or the best possible, rating is not dispositive …
Decision
WILLCOR Inc., a historically underutilized business zone small business, of College Park, Maryland, protests the terms of fair opportunity proposal request (FOPR) No. N00039-24-R-3001, issued by the Department of the Navy, Naval Information Warfare Systems Command (NAVWAR), for a multitude of support services for the multifunction information distribution system (MIDS) program office (MPO) in San Diego, California. WILLCOR argues that the FOPR is unduly restrictive of competition because it sets a $40 million threshold for organizational experience references.
We deny the protest.
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