Contract analysis

I. INTRODUCTION AND SUMMARY OF REQUEST Calderwood & Harkness LLP, on behalf of protester Whitmore Aerospace LLC ("Whitmore" or "WAL"), a Virginia limited liability company headquartered at 2400 Dominion Ridge Parkway, Suite 800, Herndon, Virginia 20171, respectfully requests that the Government Accountability Office ("GAO") order the Department of the Air Force (the "Agency") to produce complete, unredacted versions

II. PROCEDURAL BACKGROUND A. Solicitation and Award On March 14, 2023, the United States Department of the Air Force, through the Air Force Life Cycle Management Center (AFLCMC), Sensors Directorate, Wright-Patterson Air Force Base, Ohio 45433, issued Solicitation No. FA8222-23-R-0087 (the "Solicitation") for an indefinite-delivery/indefinite-quantity ("IDIQ") contract for the design, development, production, and sus

III. DESCRIPTION OF REQUESTED DOCUMENTS Whitmore requests unredacted production of three specific tabs from the Agency Report, each of which relates to the SSEB's evaluation of Halcyon's proposal under Factor 3(b), Supply Chain Risk Management, a subfactor of the Management Approach evaluation factor (Factor 3). Each tab is described in detail below. A. AR Tab 22 — SSEB Evaluation Notes, Factor 3(b) Supply Chain Risk

IV. LEGAL STANDARD FOR DOCUMENT PRODUCTION IN GAO BID PROTESTS The legal standard governing document production in GAO bid protests is well established and strongly favors the production of a complete, unredacted evaluation record to counsel admitted under a protective order. Under 4 C.F.R. § 21.3(d), the contracting agency is required to produce, as part of the Agency Report, "all documents relevant to the protest,"

V. ARGUMENT: THE REQUESTED TABS ARE DIRECTLY RELEVANT AND NECESSARY A. Relevance to Ground 2 (Unequal Discussions) Whitmore's Ground 2 alleges that the Agency conducted materially unequal discussions in violation of FAR 15.306(d) and governing case law. The gravamen of this protest ground is straightforward: during the August 14–25, 2023, discussion period, the Agency issued two Evaluation Notices to Whitmore — EN-WA

VI. SPECIFIC RELIEF REQUESTED Whitmore Aerospace LLC respectfully requests that the Government Accountability Office order the Department of the Air Force to produce complete, unredacted versions of the following three Agency Report tabs, for distribution to admitted counsel under the Protective Order issued October 12, 2023:

1. AR Tab 22 — SSEB Evaluation Notes, Factor 3(b) Supply Chain Risk Management (Halcyon). Whitmore requests unredacted production of this tab in its entirety, including all narrative evaluation text, adjectival rating worksheets, supporting notes, and any appendices or attachments thereto.

2. AR Tab 23 — SSEB Consensus Evaluation Briefing Slides, Factor 3 (Management Approach). Whitmore requests unredacted production of this tab in its entirety, including all slides, speaker notes, backup slides, and any supplemental materials that accompanied the briefing presentation.

3. AR Tab 28 — SSEB Individual Evaluator Worksheets, Factor 3(b) (Halcyon). Whitmore requests unredacted production of this tab in its entirety, including all individual evaluator narrative assessments, scoring worksheets, marginal notes, and any other individual evaluator documentation pertaining to the Supply Chain Risk Management subfactor evaluation of Halcyon's proposal. Whitmore requests that production be made

VII. CONCLUSION The redacted portions of AR Tabs 22, 23, and 28 are directly relevant to the core protest grounds in this case, particularly Whitmore's allegation of materially unequal discussions (Ground 2) and its challenge to the reasonableness of the SSA's best-value tradeoff analysis (Ground 1). The SSEB's evaluation of Halcyon's Supply Chain Risk Management subfactor — including the identification, characteriza

VIII. SIGNATURE AND CERTIFICATE OF SERVICE Respectfully submitted, CALDERWOOD & HARKNESS LLP By: ________ Claudia Merritt Responsible Partner Lt. Col. (Ret.) Nathan Yardley Of Counsel 1750 K Street NW, Suite 1100 Washington, D.C. 20006 Telephone: (202) 555-3400 Facsimile: (202) 555-3401 Email: c.merritt@calderwoodharkness.com Email: n.yardley@calderwoodharkness.com Counsel for Protester, Whitmore Aerospace LLC Date: