Eclypse International Corporation

B-274507 Nov 12, 1996 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Where the record evidences that no other source is or will become an approved source of the circuit analyzers in time to meet the urgent requirement. Determined that DIT-MCO was the only approved source for circuit analyzers that could meet its needs. The synopsis stated that the agency's proposed sole source procurement was based upon its determination that DIT-MCO was the only responsible source that could meet its needs. The solicitation was canceled due to lack of funds. The agency's notice to Eclypse provided that Eclypse would have to demonstrate its unit at the Corpus Christi Army Depot (CCAD). The demonstration at CCAD was determined necessary by the agency to ensure that the proposed circuit analyzers were capable of interfacing with the test program sets. View Decision Matter of: Eclypse International Corporation File: B-274507 Date: November 12, 1996 Military agency reasonably awarded a contract on a sole source basis for urgently required deployable circuit analyzers for use in helicopter maintenance and repair to the only approved source of the items, where the record evidences that no other source is or will become an approved source of the circuit analyzers in time to meet the urgent requirement. Attorneys DECISION Eclypse International Corporation protests the award of a contract on a sole source basis to DIT-MCO International under request for proposal (RFP) No. F41608-96-R-29699, issued by the Department of the Air Force, for circuit analyzers used in the repair and maintenance of the MH-60G helicopter. We deny the protest. The agency conducted a market survey in November 1995 for the circuit analyzers, and determined that DIT-MCO was the only approved source for circuit analyzers that could meet its needs. In order to develop alternative sources for the circuit analyzers, the agency had a sources sought synopsis published in the Commerce Business Daily (CBD) in December. Eclypse responded to the sources sought synopsis by letter dated January 11, 1996. In its response, Eclypse provided descriptive information regarding its circuit analyzers, and informed the agency that the Department of the Navy had "62 of these units deployed." On February 9, the agency had a synopsis published in the CBD that announced a proposed sole source award to DIT-MCO for four "shop electronic test sets" or circuit analyzers, and 13 smaller, deployable circuit analyzers, with a delivery date of December 31, 1996. The synopsis stated that the agency's proposed sole source procurement was based upon its determination that DIT-MCO was the only responsible source that could meet its needs. The synopsis referenced 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 calendar days of the date of the CBD synopsis. Six firms, including Eclypse, submitted timely expressions of interest to the agency. Shortly after responding to the CBD notice, Eclypse, in response to an agency request, submitted additional information regarding its circuit analyzers. On April 12, the solicitation was canceled due to lack of funds. The agency informed Eclypse, as well as the other vendors seeking to become approved sources of the circuit analyzers, that they should continue to pursue source approval "as a [p]urchase [r]equest for this item may be funded in the future." On April 22, the agency informed Eclypse that its "source approval request package ha[d] been evaluated," and requested that Eclypse "provide a sample item[] for testing." The agency's notice to Eclypse provided that Eclypse would have to demonstrate its unit at the Corpus Christi Army Depot (CCAD), which serves as the repair facility for the MH-60G helicopter weapon system. The demonstration at CCAD was determined necessary by the agency to ensure that the proposed circuit analyzers were capable of interfacing with the test program sets, software, and cable assemblies developed by CCAD for use in the maintenance and repair of the MH-60G helicopters. On May 21, Eclypse requested that the agency assist Eclypse "in planning for the demonstration of [Eclypse's] equipment" by providing, among other things, a "[s]ample test program . . . to allow [Eclypse] to verify [its] capability in this particular instance." The agency sent the test programs to Eclypse shortly thereafter with the test programs being received by Eclypse on June 11. Meanwhile, the agency determined that the procurement of 14 deployable circuit analyzers from DIT-MCO on a sole source basis was justified because of an unusual and compelling urgency. A justification and approval (J&A) authorizing the acquisition was prepared, as was a determination that synopsizing the requirement would unduly delay the procurement.