L-3 Communications Aviation Recorders, B-281114, December 28,

B-281114 Dec 28, 1998 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Is within the scope of the existing contract. Is beyond the scope of ARINC's contract and that CECOM instead should have conducted a competition for the requirement. ARINC's contract was awarded under request for proposals (RFP) No. Once a system was extended beyond its originally projected life cycle and Operation and Sustainment Plan. The required repair(s) was either greatly delayed. The intent of The Rapid Response To Critical Systems Requirements (R2CSR) Program contract is to provide multiple prime contractors with multiple subcontractors available for quick and less costly solutions. The critical element is that these contractors will be on contract and. The contract(s) shall provide a single integrator for the immediate acquisition of an item that is essential to sustain an existing Federal system. View Decision Matter of: L-3 Communications Aviation Recorders File: B-281114 Date: December 28, 1998 * Redacted Decision DIGEST Attorneys DECISION L-3 Communications Aviation Recorders protests the decision of the U.S. Army Materiel Command, Communications-Electronics Command (CECOM), to issue a delivery order (No. 0003) to ARINC, Inc. under contract No. DAAB07-98-D-H502. L-3 argues that the delivery order, for engineering and logistics capabilities needed to upgrade the C/KC-135 aircraft with flight data recorders, cockpit voice recorders and emergency locator transmitters, is beyond the scope of ARINC's contract and that CECOM instead should have conducted a competition for the requirement. We deny the protest. ARINC's contract was awarded under request for proposals (RFP) No. DAAB07-98-R-H002, issued by CECOM on January 8, 1997 as part of its Rapid Response to Critical Systems Requirements program. As explained in the solicitation, [i]n the past, once a system was extended beyond its originally projected life cycle and Operation and Sustainment Plan, a breakdown of a part(s) would necessitate either a new solicitation to locate a contractor willing to provide the part(s) or often, due to obsolescence of the item, a return to the original manufacturer. As a result, the required repair(s) was either greatly delayed, excessively priced, or both. The intent of The Rapid Response To Critical Systems Requirements (R2CSR) Program contract is to provide multiple prime contractors with multiple subcontractors available for quick and less costly solutions. These solutions may require engineering services, including reverse engineering, acquisitions from vendors, manufacture, integration, installation, studies or analyses. The critical element is that these contractors will be on contract and, with the variety of Delivery Orders expected, be able to satisfy the Government's needs rapidly and cost-effectively. RFP, Executive Summary. The solicitation specifically provided for award of an indefinite-delivery, indefinite-quantity contract (or contracts) for a 2-year base period, with three 1-year options, for engineering and [operation and support] services, providing integrated and effective maintenance and upgrade of systems across all phases of the life cycle. The contract(s) shall provide a single integrator for the immediate acquisition of an item that is essential to sustain an existing Federal system. Delivery of hardware and software will be in limited quantities to meet immediate [operation and support] needs. Statement of Work (SOW) Sec. 1.0. The SOW listed a number of "general support requirements which will be definitized in individual Delivery Orders," id., including requirements for: "Technology Insertion/Systems Integration," that is, for the contractor to "integrate new equipment technologies into existing system architectures in accordance with applicable Delivery Orders," SOW Sec. 3.3.1; to "install equipment into systems in accordance with applicable Delivery Orders," SOW Sec. 3.3.2; and to "manufacture, acquire and assemble limited quantities of hardware and software in accordance with applicable Delivery Orders." SOW Sec. 3.3.3. Offerors were advised prior to issuance of the solicitation that the agency projected making multiple awards and that the estimated total cost of the procurement would be $1.5 billion. Pre-Solicitation Conference/Advanced Planning Briefing to Industry, Acquisition Strategy, January 29, 1998, at 2. CECOM received six proposals in response to the solicitation.