Saturn Industries

B-261954.3 Jan 05, 1996 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Agency reasonably determined that qualification testing of a transmission component for the Bradley Fighting Vehicle is required where the component is a critical item. Qualification requirements in solicitation do not represent unequal treatment of protester where previously approved sources have similarly demonstrated the operational capabilities of their components. The solicitation was issued on May 22. The solicitation stated that one of the assembly components (the race) was source controlled. The solicitation stated "Qualification testing of [the race component] will require a 100 hour dynamometer test ($75. The closing date for submission of proposals was July 10. Saturn was awarded a contract to supply the race assemblies. View Decision Matter of: Saturn Industries File: B-261954.3 Date: January 5, 1996 Agency reasonably determined that qualification testing of a transmission component for the Bradley Fighting Vehicle is required where the component is a critical item, the failure of which would create a serious safety risk. Protester has had reasonable opportunity to meet qualification requirements where it has known of those requirements for more than 2 years. Qualification requirements in solicitation do not represent unequal treatment of protester where previously approved sources have similarly demonstrated the operational capabilities of their components. Attorneys DECISION Saturn Industries protests certain provisions of solicitation No. SPO750-95-R-0213 issued by the Defense Construction Supply Center (DCSC), Defense Logistics Agency (DLA), seeking proposals to provide 515 hydraulic motor race assemblies, national stock number (NSN) 2520-01-109-4375, to be used in the transmission of the M2 and M3 Bradley Fighting Vehicle. Saturn raises various issues regarding the solicitation's qualification requirements for a component of the race assemblies. We deny the protest. BACKGROUND The Solicitation On May 5, 1995, DLA published a notice in the Commerce Business Daily (CBD) announcing its intention to purchase 515 race assemblies, NSN 2520-01-109-4375. The solicitation was issued on May 22. The solicitation stated that one of the assembly components (the race) was source controlled, [1] and referenced drawings identifying Martin Marietta Defense Systems [2] and Kaydon Corporation as the only approved sources of this component. [3] Specifically, the solicitation stated "Qualification testing of [the race component] will require a 100 hour dynamometer test ($75,000) [and] 6000 mile on-vehicle test ($25,000) and $25,000 for analysis and final report before source approval can be given. . . . Contractor would need to supply eight [race components] . . . along with the above funds, to the government for testing. Testing would take six to nine months." On July 7, Saturn filed a protest with our Office challenging the validity of the qualification requirements. The closing date for submission of proposals was July 10; Saturn did not submit a proposal. Following the agency's response to its July 7 protest, Saturn filed supplemental protests on August 23 and August 25. Saturn's Prior Contract In December 1992, Saturn was awarded a contract to supply the race assemblies, NSN 2520-01-109-4375, which are being procured under the protested solicitation. [4] There, as here, the solicitation provided that the race components of the race assemblies were source controlled, and identified Martin Marietta and Kaydon Corporation as the only approved sources. By letter to the agency dated December 22, 1992, Saturn requested waiver of those source control requirements. That request was formally denied by letter dated July 19, 1993. On February 4, 1993, Saturn submitted a request to the U.S. Army Tank-Automotive Command (TACOM) to become an approved source for the race component. [5] By letter from TACOM's Small Business Liaison Office dated June 8, 1993, Saturn was advised of specific testing requirements that would be necessary in order for it to become an approved source of the component. Those requirements are identical to the qualification requirements in the solicitation now being protested. Specifically, Saturn was advised that, with regard to NSN 2520-01-109-4375, qualification testing would require a "100 hour dyno test," as well as a "6000 mile on-vehicle test." The June 8, 1993, letter further stated, "Saturn would need to supply eight parts, four per [transmission]," that "testing would take 6-9 months," and that "Saturn would be required to pay for all costs associated with qualification." Despite the clear statement that Saturn would not become an approved source until testing of its component had been performed, Saturn did not submit any race components for testing. Rather, Saturn subsequently made repeated requests for waiver of the source control requirements to various government officials.