Is the Agency Asking Too Much, Or Are You Just Upset Because You Can’t Compete?

“I have the power to determine my needs and the best way to fulfill them.” It sounds like the mantra from a cheesy self-actualization retreat, but this is the rule when it comes to an agency’s requirements. In this case, the protester alleged that a top secret facility clearance requirement was unduly restrictive. GAO wasn’t convinced. An agency has discretion to determine its requirements and the best methods to satisfy them. If the agency wanted top secret clearance, GAO wasn’t going to second guess it.

Spatial Front, Inc., GAO B-420377

The Department of Commerce issued an RFP seeking to award an IDIQ contract for IT services. The procurement was set aside for small business. The RFP required that offerors have top secret facility clearance to be eligible for award.

Spatial Front, Inc. filed a protest alleging that the facility clearance requirement was unduly restrictive. Spatial Front reasoned that the clearance requirement should be applied on the task order level, not for the whole IDIQ contract.

GAO rejected Spatial Front’s argument. The agency had performed market research and found that at least five small businesses had top secret facility clearance and were capable of performing all tasks. Moreover, an agency has the discretion to determine its needs and the best way to accommodate them. The agency had reasonably explained why facility clearance was required for all tasks. GAO had no reason to question the agency’s rationale.

Spatial Front is represented by Shane J. McCall, Nicole D. Pottroff, Christopher S. Coleman, John L. Holtz, and Kevin B. Wickliffe of Koprince McCAll Pottroff LLC. The agency is represented by Ryam Lambrecht of the Department of Commerce. GAO attorneys Glenn G. Wolcott, April Y. Shields, and Christina Sklarew participated in the preparation of the decision.

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