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ARTICLE · 11 DECEMBER 2024

GAO Rules Air Force Contractor Can Meet Certification Requirements Via Merger

McGuireWoods LLP
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On Nov. 13, 2024, the U.S. Government Accountability Office (GAO) sustained a protest by DecisionPoint Corp. finding that the U.S. Department of the Air Force improperly rejected...

United StatesGovernment, Public Sector
Edwin Childs Jr.
Edwin Childs Jr.
Abram J. Pafford
Abram J. Pafford
Jason M. Vespoli
Jason M. Vespoli
Maura B. Naehr
Maura B. Naehr
John L. Sullivan
John L. Sullivan

On Nov. 13, 2024, the U.S. Government Accountability Office (GAO) sustained a protest by DecisionPoint Corp. finding that the U.S. Department of the Air Force improperly rejected DecisionPoint's proposal for an $83 million task order in response to a defensive cyber realization, integration, and operational support services solicitation. The GAO determined that the Air Force should have considered DecisionPoint's merger with another entity, EmeSec, to meet the solicitation's requirement of a Level III Capability Maturity Model Integration (CMMI) certification.

The Air Force had previously deemed DecisionPoint ineligible for award, claiming the company failed to submit proof of the necessary certification. However, the GAO found the Air Force's interpretation of the solicitation as requiring immediate proof of certification was flawed, and that it had neglected to properly consider the effects of the EmeSec merger. The GAO recommended that the Air Force reevaluate

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