Precision Logistics, Inc.

B-271429 Jul 18, 1996 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Protest is sustained where procuring agency failed to promptly forward protester's technical data package for alternate product to the office which conducts evaluations of alternate products for the flight critical aircraft part and failed to request expedited processing of the package. The RFP was issued on November 24. For a quantity of electrical distribution boxes described with a part number of Northrup Grumman Corporation. [1] The function of the distribution box is to rid the F-5 aircraft of heavy materials. The RFP advised that the distribution box is a critical application item the failure of which could injure personnel or jeopardize a vital agency mission and only Wyvern's product was approved. View Decision Matter of: Precision Logistics, Inc. File: B-271429 Date: July 18, 1996 Protest is sustained where procuring agency failed to promptly forward protester's technical data package for alternate product to the office which conducts evaluations of alternate products for the flight critical aircraft part and failed to request expedited processing of the package, thereby depriving the protester of an opportunity to compete and resulting in a sole source award. Attorneys DECISION Precision Logistics, Inc. protests the award of a contract to Wyvern Technologies, Inc. under request for proposals (RFP) No. SPO460-96-R-0509, issued by the Defense Logistics Agency, Defense Supply Center Richmond (DSCR), for electrical distribution boxes for the F-5 aircraft. Precision alleges DSCR unreasonably delayed the evaluation of its alternate product and thereby prevented Precision's alternate product from being evaluated in time for contract award. We sustain the protest. The RFP was issued on November 24, 1995, for a quantity of electrical distribution boxes described with a part number of Northrup Grumman Corporation. [1] The function of the distribution box is to rid the F-5 aircraft of heavy materials, including missiles, bombs, and electronic equipment not critical to control of the aircraft when the pilot needs to escape danger quickly. The RFP advised that the distribution box is a critical application item the failure of which could injure personnel or jeopardize a vital agency mission and only Wyvern's product was approved. The RFP required offerors to specify whether they were offering the exact product listed in the item description or an alternate product. Alternate product offers were required to include all drawings, specifications, and data necessary to demonstrate the acceptability of the alternate product before award. The RFP also stated that if the agency could not determine that an alternate item was acceptable before the contract award date, the alternate offer would not be considered for this procurement. The RFP stated that award would be made to the offeror whose proposal represented the best value to the government, considering price and past performance. By the December 26 closing date, DSCR received proposals from Wyvern, Precision, and Hill Aerospace Defense, the latter two offering alternate products. Precision's proposal included a technical data package for its alternate product and was significantly lower priced than Wyvern's. Hill did not submit a technical data package with its proposal; therefore, the buyer requested and, on January 17, received a technical data package from that firm. On January 18, the buyer forwarded both technical data packages to DSCR's technical operations division for review. That office reviewed the data packages and subsequently, on February 14, forwarded them to the Engineering Support Activity (ESA) at Kelly Air Force Base, Texas to evaluate and determine the technical acceptability of both alternate products. The ESA office was asked to complete its evaluation within 45 days. Also on February 14, in response to the contracting officer's request, the buyer checked with the using activity and was informed that the distribution boxes were in backorder status. The contracting officer decided to proceed with award since the distribution box is a critical application item. Award was made on March 7 to Wyvern pursuant to 10 U.S.C. Sec. 2304(c)(1) (1994), as the only known responsible source available to provide 13 items which the agency needed to fill existing backorders and to maintain an in-stock status. The award was for a unit price of $27,491.81 and a total price of $357,393.53. [2] The ESA completed its review and approved Precision's alternate product on March 15. The approval notice was received by the contracting officer on March 19. DSCR has suspended performance of the contract pending resolution of the protest. Precision contends that it was denied an opportunity to compete for the award because the agency unreasonably failed to promptly process its December 26 technical data package for an alternate product.