Northrop Grumman Corporation, B-285386, August 1, 2000

B-285386 Aug 01, 2000 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Which will be provided to the awardee as government-furnished equipment. Does not overstate the agency's needs or unduly restrict competition where this automation system is necessary for achieving interoperability and commonality in the civil and military air traffic control environments. Which was previously procured from Raytheon Corporation under a contract awarded by the Federal Aviation Administration (FAA) in 1996. " and that DoD "will equip facilities providing services to civil users so that the ATC service is transparent to the user.". Is required to have its air traffic control facilities equipped to provide the same services as the FAA. Which will be comprised of three subsystems. View Decision Matter of: Northrop Grumman Corporation File: B-285386 Date: August 1, 2000 DIGEST Attorneys DECISION Northrop Grumman Corporation (NG) protests the terms of request for proposals (RFP) No. F19628-00-R-0014, issued by the Department of the Air Force for the acquisition of 18 rapidly deployable and highly mobile radar air traffic control systems, known as the Mobile Approach Control Systems (MACS). NG complains that the RFP requirement that MACS interface with a government-furnished data automation system, known as the Standard Terminal Automation Replacement System (STARS), which was previously procured from Raytheon Corporation under a contract awarded by the Federal Aviation Administration (FAA) in 1996, overstates the agency's needs, thereby unduly restricting competition and precluding NG from submitting a competitive proposal. We deny the protest. /1/ BACKGROUND The Federal Aviation Act of 1958 calls for a common civil/military air traffic control (ATC) system and places the responsibility on the FAA for oversight and control of the common system. See 49 U.S.C.A. Sec. 40101 et seq. (West Supp. 1999). In addition, a 1988 Memorandum of Agreement between the Department of Defense (DoD) and the FAA on the future of radar approach controls in the national airspace system (NAS) states that the FAA "determines the standard for NAS equipment and ATC facilities," and that DoD "will equip facilities providing services to civil users so that the ATC service is transparent to the user." Agency Report, Tab 6(c), MACS Operational Requirements Document I, Mar. 16, 1999, Para. 3.2, at 4-5. The Air Force, as a provider of air traffic control services within the national airspace system, is required to have its air traffic control facilities equipped to provide the same services as the FAA. MACS must provide air traffic control services, day and night, in all weather conditions, to military and civil aircraft, and must be "interoperable" with the civil system in order to conduct force training and to respond to crises such as domestic disaster relief. Id. Paras. 1.1.1, 1.1.2, at 1. On March 1, 2000, the Air Force issued the current solicitation for the acquisition of MACS, which will be comprised of three subsystems--a surveillance subsystem consisting of an airport surveillance radar; an operations subsystem consisting of, among other items, STARS; and a precision subsystem consisting of a precision approach radar. RFP Statement of Objectives (SOO) for MACS, Feb. 11, 2000, Para. 1.0; see also Tr. at 12. As relevant here, STARS was one part of a joint program between the FAA (which took the lead) and DoD to upgrade and modernize the current terminal air traffic control system. Tr. at 10. As stated above, the STARS effort was awarded by the FAA to Raytheon in 1996. /2/ STARS is a data automation system that will provide the interface for controller display of aircraft and for routing centers for flight-plan processing. Id. STARS will provide safety enhancements not currently available, such as conflict alert, which affords controllers an automated way to prevent two aircraft from hitting each other, as well as "minimum safe altitude warning," which is an aircraft-to-ground proximity check to make sure aircraft do not fly too low and into the ground. Id. at 10-11. Under the terms of the RFP, STARS will be provided as government-furnished software and associated hardware; contractor changes to the software will not be permitted. RFP SOO Paras. .0, 3.8; Tr. at 15, 39. Further, if a firm other than Raytheon is awarded the MACS contract, Raytheon and the MACS awardee will enter into an "associate contractor agreement," whereby Raytheon will share information regarding STARS with the MACS awardee. RFP Para. 5.3.3.3, at L-9; Tr. at 23-24. In describing the logistics objective, the RFP states as follows: The Government logistics management objective is to continually refine readiness, deployability, and sustainment to provide the most cost-effective support and to ensure MACS assets are provided to the user to achieve peacetime and wartime requirements.