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The SBA Area Office denied a size protest. The protester appealed, arguing that the awardee’s proposal indicated that a subcontractor would perform a majority of the work. OHA denied the appeal. The subcontractor would only be performing a majority of the work on a small part of the contract. The prime contractor was still to perform the majority of the overall work.
Size Appeal of Bowhead Enterprise, Science, and Technology, LLC, SBA No. SIZ-6352
- Background – The protester appealed the area office’s finding that DNI Emerging Technologies, LLC (DNI) was eligible for the subject procurement. The protester argued that the area office erred in determining that DNI would perform the primary and vital contract requirements. The appellant pointed out that this specific subcontractor would dominate three key tasks of the PWS.
- Decision – OHA concluded that DNI appeared to meet the limitations on subcontracting requirements across a wide variety of factors. Although DNI outsourced significant elements of the engineering aspect of the procurement, the plain language of the RFP and the PWS made it clear that engineering was only a small aspect. DNI was to perform the majority of the total contract work, and it will also retain the majority of the total amount to be paid. Thus, OHA denied the appeal and affirmed the size determination.
Robert K. Tompkins, Kelsey M. Hayes, Richard J. Ariel, and Tanner N. Slaughter of Holland & Knight LLP appeared for the appellant. James Y. Boland, Emily R. Marcy, Kelly M. Boppe, Taylor M. Sorrells of Venable LLP appeared for DNI Emerging Technologies, LLC.
— Case summary by Joshua Lim, Assistant Editor.
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