Trimble Navigation, Ltd.
Case: B-271882
Agency:
Protester: Trimble Navigation, Ltd.
Date: 1996-08-26
Sustained
Trimble Navigation, Ltd.
BNUMBER: B-271882; B-271882.2
DATE: August 26, 1996
TITLE: Trimble Navigation, Ltd.
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DOCUMENT FOR PUBLIC RELEASE
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.
Matter of:Trimble Navigation, Ltd.
File: B-271882; B-271882.2
Date:August 26, 1996
William W. Goodrich, Jr., Esq., Richard J. Webber, Esq., Alison J.
Micheli, Esq., and Tenley A. Carp, Esq., Arent Fox, for the protester.
Stan Hinton, Esq., and Paul W. Searles, Esq., Baker & Botts, for
Rockwell International Corporation, an intervenor.
Vera Meza-Dombkowski, Esq., and David H. Scott, Esq., Department of
the Army, for the agency.
Guy R. Pietrovito, Esq., and James A. Spangenberg, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST
In a negotiated procurement for a hand-held global positioning system
receiver, award could not properly be made to an offeror whose
proposal did not demonstrate that it satisfied the solicitation's
requirement for a nondevelopmental item.
DECISION
Trimble Navigation, Ltd. protests the award of a contract to Rockwell
Collins Inc., under request for proposals (RFP) No. DAAD05-96-R-9011,
issued by the U.S. Army Aberdeen Proving Ground Support Activity for
the Special Operations Lightweight Global Positioning System Receiver
(SOLGR). Trimble protests that Rockwell's offered receiver is not a
nondevelopmental item (NDI), as required by the RFP.
We sustain the protest.
The global positioning system (GPS) is a space-based navigation system
that provides military users worldwide with precise three-dimensional
position, velocity, and time data. The standard Department of Defense
hand-held, precise positioning service,[1] GPS receiver used by
general purpose forces is the Precision Lightweight GPS Receiver
(PLGR), which both Trimble and Rockwell have previously provided.
U.S. Special Operations Forces, however, require enhanced performance,
such as extended navigation features, multiple communications
interfaces, and more rugged environmental capabilities, than is
available in the PLGR. In response to this requirement, Trimble and
Rockwell received separate, development contracts to develop
prototypes of the SOLGR for use by Special Operations Forces.
Pursuant to these contracts, Trimble and Rockwell developed separate
prototypes of the SOLGR, which were delivered to the government for
testing.
The RFP here was for a limited competition between Trimble and
Rockwell that would lead to the selection of the firm that would
continue the SOLGR program into production. Fixed-price proposals
were requested for three contract line items (CLIN): CLIN 0001 sought
a fixed price for one lot of manufacture and testing of twenty SOLGR
first articles; CLIN 0002 sought unit pricing for an estimated
quantity of 1,000 receivers; and CLIN 0003 sought pricing for one lot
of specified contract data. The contractor was required to deliver
first articles and to complete first article testing within 240 days
after contract award.
The RFP included design and performance specifications for the SOLGR
which, among other things, established stringent requirements for the
size and weight of the receiver, battery performance, and
environmental considerations--such as the ability to operate to depths
of 33 feet. Offerors were requested to describe how they would meet
each technical requirement and identify any specific requirement that
may not be met. Offerors were also instructed that they may provide
sample hardware "from mockups to fully functional prototypes."
The statement of work (SOW) provided that the receiver must be an NDI.
In this regard, the RFP incorporated by reference the standard
"Definitions" clause stated in Federal Acquisition Regulation (FAR) sec.
Full decision text continues on ProtestIntel...