Mnemonics, Inc.

B-261476.3 Nov 14, 1995 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Sec. 2304(c)(1) is unobjectionable where the agency reasonably determined that only one source could supply the critically required items within the time constraints of the procurement. REDACTED DECISION A protected decision was issued on the date below and was subject to a GAO Protective Order. For three-channel Joint Tactical Terminal (JTT) radio equipment which transmits intelligence information by means of satellites and airborne relays to combatants on the ground. [1] Mnemonics essentially contends that the agency improperly determined that the firm could not meet its minimum needs within the required time constraints and unreasonably concluded that E-Systems was the only responsible. View Decision Matter of: Mnemonics, Inc. File: B-261476.3 Date: November 14, 1995 * REDACTED DECISION Although the Competition in Contracting Act of 1984 mandates that contracting agencies obtain full and open competition in their procurements through the use of competitive procedures, the proposed sole source award of a contract under 10 U.S.C. Sec. 2304(c)(1) is unobjectionable where the agency reasonably determined that only one source could supply the critically required items within the time constraints of the procurement. Attorneys REDACTED DECISION A protected decision was issued on the date below and was subject to a GAO Protective Order. This version has been redacted or approved by the parties involved for public release. DECISION Mnemonics, Inc. protests the Department of the Army's proposed sole source award to E-Systems, Inc. under request for proposals (RFP) No. DAAB07-95-R-S999, for three-channel Joint Tactical Terminal (JTT) radio equipment which transmits intelligence information by means of satellites and airborne relays to combatants on the ground. [1] Mnemonics essentially contends that the agency improperly determined that the firm could not meet its minimum needs within the required time constraints and unreasonably concluded that E-Systems was the only responsible, capable, and timely source. We deny the protest. GENERAL BACKGROUND On May 9, 1995, the Army placed a synopsis in the Commerce Business Daily (CBD) that announced a proposed sole source award to E-Systems for the procurement of Low Rate Initial Production (LRIP) JTT equipment. The synopsis announced a contemplated quantity of 17 JTT/H3 and 2 JTT/H-R3, with spares, training devices and services for depot maintenance and integration support. A firm, fixed-price contract was announced with initial deliveries required 12 months after contract award. Two options were also announced for 33 JTT/H3 in fiscal year 1996 and 22 JTT/H3 and 36 JTT/H-R3 in fiscal year 1997. The CBD synopsis stated that the agency's sole source procurement was premised on the lack of complete functional specification and network interface control documents for the JTT suitable to conduct a competitive procurement. The proposed sole source procurement was authorized by a Justification and Approval for Other than Full and Open Competition (J&A), signed by the Assistant Secretary of the Army. The Assistant Secretary, in the J&A, stated as follows "A sole source award is deemed necessary since complete network Interface Control Documents (ICD's) suitable to sustain a competitive procurement are not available. Complete functional definition of the CTT interface with the networks, were not purchased on prior CTT contracts because the functional performance of the CTT, the networks and the interface were being changed. There are no feasible acquisition alternatives other than sole source to E-Systems, ECI Division, that can achieve the accelerated fielding requirements. E-Systems, by virtue of its role as the developer of the CTT single channel system, two channel CTT/H-R and three channel Hybrid Systems, has acquired unique capabilities and in depth knowledge about program interoperability requirements with the multiple users and intelligence broadcast networks system security requirements, and other technical capabilities required to produce the CTT Hybrid Systems. No other contractor has ever built equipment or produced a radio that is interoperable with the Tactical Reconnaissance Intelligence Exchange System (TRIXS) network. TRIXS is the high accuracy, time sensitive data which is generated by the GRCS, Air Force U2-R, and Story Teller/EP-3 systems." The Assistant Secretary, in the J&A, noted that Mnemonics's previous interest in the procurement was rejected because the firm does "not meet the TRIXS network interoperability requirement." The CBD synopsis contained note 22 which provides that firms interested in submitting a proposal or an expression of interest in the proposed procurement should do so within 45 days of the date of the publication of the CBD synopsis. On June 22, the protester submitted a timely expression of interest to the agency pursuant to note 22.