Contract analysis

I. Summary of the GAO Decision and Recommended Corrective Action On January 29, 2024, the GAO sustained Whitmore's protest on two of the four grounds raised. A brief recitation of the GAO's holdings is warranted to frame the discussion that follows. Ground 1 — Unreasonable Best-Value Tradeoff Analysis (Sustained). The GAO found that the Source Selection Authority ("SSA"), Brigadier General Harlan T. Jeffcoat, USAF, c

1. Reevaluate proposals under Factor 1 (Technical Approach) and Factor 3 (Management Approach) consistent with the decision;

2. Conduct a new best-value tradeoff with a documented rationale that complies with FAR § 15.308;

3. Terminate Halcyon's contract for convenience (Contract No. FA8222-23-D-0193) if Whitmore is selected for award following the reevaluation and new tradeoff decision; and

4. Reimburse Whitmore's protest costs, including reasonable attorneys' fees, in accordance with 31 U.S.C. § 3554(c)(1)(A) and 4 C.F.R. § 21.8. The GAO recommended that the corrective action be completed within sixty (60) days of the decision — that is, by approximately March 29, 2024. The Air Force's February 5, 2024 notification to the GAO confirmed the agency's intent to implement the corrective action in full. Whi

II. Scope of Reevaluation — Factor 1 (Technical Approach) The reevaluation directed by the GAO must encompass all three subfactors of Factor 1 (Technical Approach), as set forth in Section M of the Solicitation: (a) Subfactor 1(a) — System Design & Integration; (b) Subfactor 1(b) — Manufacturing Readiness; and (c) Subfactor 1(c) — Test & Evaluation Plan. Each of these subfactors was evaluated under the solicitation's

III. Scope of Reevaluation — Factor 3 (Management Approach) The reevaluation must also encompass Factor 3 (Management Approach) and its three subfactors: (a) Subfactor 3(a) — Program Management; (b) Subfactor 3(b) — Supply Chain Risk Management; and (c) Subfactor 3(c) — ITAR/Export Compliance. The reevaluation under Factor 3 is particularly critical because the GAO sustained Ground 2 (unequal discussions) based in su

IV. Requirements for the New Best-Value Tradeoff Decision The corrective action must culminate in a new best-value tradeoff decision that complies with FAR § 15.308 and the solicitation's stated evaluation methodology. The GAO's decision makes clear that the prior SSDD was deficient because it failed to document a specific, substantive rationale for selecting the higher-priced offeror. The new tradeoff decision must

V. Factor 2 (Past Performance) — No Changes Expected As noted above, both Whitmore and Halcyon received "Substantial Confidence" ratings under Factor 2 (Past Performance). This factor was not a basis for the protest and was not addressed in the GAO's decision. Whitmore notes its strong past performance record for the Government's benefit as the reevaluation proceeds. Among other relevant contract performance, Whitmor

VI. Process Expectations — Discussions and Final Proposal Revisions The GAO's sustained finding of materially unequal discussions necessarily requires the corrective action to include the reopening of discussions with all offerors in the competitive range. Whitmore expects the Air Force to conduct new discussions that are meaningful, equitable, and compliant with FAR § 15.306(d). Specifically, Whitmore expects the fo

1. The Contracting Officer, Colonel Diane W. Prescott, USAF, should issue new Evaluation Notices as appropriate to both offerors, ensuring parity in the scope and substance of the discussions conducted. Each offeror must be provided an opportunity to address any concerns, deficiencies, or weaknesses identified during the reevaluation.

2. Following meaningful discussions, both offerors should be afforded an opportunity to submit revised Final Proposal Revisions ("FPRs"). This is consistent with the standard corrective action process and is necessary to ensure that the final evaluation reflects each offeror's best and most current response to the Government's requirements.

3. Contract Specialist Vincent R. Talmadge and the SSEB should apply the evaluation criteria set forth in Section M of the Solicitation consistently across all proposals. The evaluation must be conducted by qualified evaluators with appropriate technical expertise, and the evaluation record must document the basis for all ratings and narrative assessments. Whitmore is prepared to participate constructively in the dis

VII. Timeline and 60-Day Recommendation The GAO recommended that the corrective action be completed within sixty (60) days of the January 29, 2024 decision. This establishes an approximate target date of March 29, 2024 for the completion of all corrective action steps, including reevaluation, discussions, receipt of revised FPRs, new evaluation, and a new source selection decision. Whitmore recognizes that the 60-day

VIII. Protest Cost Claim Consistent with the GAO's recommendation that the Air Force reimburse Whitmore's protest costs, including reasonable attorneys' fees, Whitmore submitted its certified claim for protest costs on February 7, 2024. The claim totals $365,959.72, consisting of the following: The claim was submitted in accordance with 4 C.F.R. § 21.8(f) and was accompanied by appropriate supporting documentation, i

IX. Reservation of Rights Whitmore reserves all rights to file a subsequent protest at the GAO, or to pursue any other available remedy, if the corrective action is not implemented in a manner consistent with the GAO's decision and recommendations. Without limitation, Whitmore specifically reserves the following: (a) The right to challenge any new award decision that does not comply with FAR § 15.308 and the solicita

X. Conclusion Whitmore appreciates the Air Force's prompt notification of its intent to comply with the GAO's decision and recommendations. Whitmore has every confidence that the Air Force is committed to conducting a fair, thorough, and well-documented reevaluation process. It is in the interest of both the Government and the offerors that the corrective action be implemented with the rigor and care that a procureme