The government argued VTI waived its right to challenge the solicitation requirements because it did not file its protest prior to the closing date for proposals.

This protest followed and the government moved to dismiss. While two of the JV partners held the required clearances, the joint venture did not. The agency also could not verify that VTI held a top secret facility security clearance.

Nonetheless, VTI submitted a proposal, which the agency eliminated from consideration when it learned that VTI did not hold a Schedule 70 contract under its own name. GSA policy does not transfer a JV partner’s schedule contract to the JV. Prior to the deadline to submit proposals, SBA informed VTI, a joint venture, that it was in eligible for award because it did not hold a Schedule 70 contract under its own name. Offerors also were required to have top secret facility security clearances, with eligibility for access to sensitive compartmented information. The solicitation was open to holders of Federal Supply Schedule 70 contracts with SIN 132-51. The government moved for lack of jurisdiction.

Veteran Technology Integrators LLC protested the Department of Commerce’s rejection of its proposal for a cybersecurity support services contract, and subsequent award to Goldbelt Hawk LLC. Protest challenging the agency’s exclusion of a proposal from consideration for award is denied, where the joint venture was ineligible for award because it did not hold a GSA Schedule 70 contract or top secret facility security clearance, even though two JV partners did.

Gsa networx contract exempt from sca