Also, notation for Mission Accomplished. McAdamas distinguished from cobblestone and corduroy, and also known by the Briticism "road metal".
Requirements - Restrictive provisions Comptroller General - Key Excerpts New A contracting agency generally has the discretion to determine its needs and the best method to accommodate them. Further, an agency has heightened discretion to define solicitation requirements to achieve the highest possible effectiveness when the subject of the agency's acquisition relates to national defense or human safety.
Where a protester challenges a specification or requirement as unduly restrictive of competition, the procuring agency has the responsibility of establishing that the specification or requirement is reasonably necessary to meet the agency's needs.
We examine the adequacy of the agency's justification for a restrictive solicitation provision to ensure that it is rational and can withstand logical scrutiny. As an initial matter, we find that DHS has reasonably explained its decision to include the facility clearance requirement.
The purpose of the requirement is to minimize the risk of unauthorized disclosure of classified information and ensure that classified information is safeguarded appropriately.
Memorandum of Law MOL at 4. In this regard, we note that a facility clearance is "an administrative determination that a company is eligible for access to classified information or award of a classified contract.
Thus, the allegedly restrictive solicitation requirement is reasonably necessary to meet the agency's need because the statement of work specifies that the selected contractor will work with classified information and the facility clearance is effectively a license that the selected contractor can safeguard any classified information reviewed during the course of performance.
With regard to MTSA's specific allegation, the record does not demonstrate that the requirement is unduly restrictive as applied to unpopulated joint ventures.
Rather, as a logical consequence of the agency's need, DHS requires some method of identifying contractors qualified to handle classified information, and the record shows that DHS utilizes the Department of Defense, Defense Security Service DSS as its clearinghouse for security clearance matters.
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All facility and personnel security clearances granted by [Department of Defense] are accepted by DHS as establishing eligibility for access to classified information.
The record further shows that, pursuant to the NISPOM, DSS does not permit a contractor to have access to classified information until a facility clearance has been granted.
Finally, the record also shows that the NISPOM does not contain an exception for unpopulated joint ventures even in instances where all of the members possess facility clearances. Thus, the record demonstrates that DHS has a reasonable basis for requiring offerors, including unpopulated joint ventures, to obtain a facility clearance because the method for accommodating its need simply requires all contractors to possess a facility clearance as a prerequisite regardless of membership composition or other extenuating circumstances.
While MTSA may object to the pertinent federal government policies as overbroad and assert that the agency should be able to rely on its members' facility clearances, we note that argument merely disagrees with the agency's choice of how to identify contractors qualified to handle classified information and does not establish a sufficient basis for protest.
To this end, our decisions explain that a protester's disagreement with the agency's judgment concerning the agency's needs and how to accommodate them does not show that the agency's judgment is unreasonable. Although MTSA points out that the requirement is particularly onerous for unpopulated joint ventures because they do not possess facilities or employees, our decisions explain that a protester's inability to satisfy a solicitation term does not render the agency's need improper.
Indeed, the very nature of classified information necessitates hard and fast rules for granting access, and such rules are not required to be tailored to accommodate the unique situation of an unpopulated joint venture.
Further, even if the requirement may seem redundant as applied in this specific instance, we consider the protester's inability to obtain a facility clearance to be a legitimate disadvantage caused by its unique circumstance as an unpopulated joint venture, rather than a disadvantage caused by unfair agency action.
Accordingly, while MTSA may argue that the effect of the solicitation term on unpopulated joint ventures is unfair, that only demonstrates that the solicitation term is burdensome as to its particular unique situation, not that the solicitation term itself is unreasonable.
Jun 25, Navarre alleges that amendment No. A provides an unfair competitive advantage to the previous awardee.Welcome to the United States Air Force. Learn about great opportunities for enlisted airmen, officers and health care professionals.
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