Wescam, Inc., B-285792, October 11, 2000

B-285792 Oct 11, 2000 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights A firm protested a Navy solicitation for thermal imaging systems, contending that the solicitation's requirements were unduly restrictive and the delivery schedule was unreasonably limited. GAO held that the Navy reasonably determined that the solicitation's requirements met its minimum needs and its limited delivery schedule was reasonably related to those needs. Accordingly, the protest was denied. View Decision Matter of: Wescam, Inc. File: B-285792 Date: October 11, 2000 DIGEST Attorneys DECISION Wescam, Inc. protests the terms of request for proposals (RFP) No. N00164-00-R-0072, issued by the Department of the Navy to obtain targeting thermal imaging systems for Marine Corps helicopters. Wescam asserts that the terms of the solicitation exceed the government's requirements and unduly restrict competition. /1/ We deny the protest. BACKGROUND The solicitation seeks proposals to provide upgraded thermal imaging systems for UH-1N helicopters, both prior to, and as part of, a "mid-life upgrade" to those helicopters. /2/ The UH-1N is the Marine Corps's only utility helicopter and performs various functions including: providing command and control for assault support operations; transportation of troops, supplies, and equipment; evacuation of casualties; and providing control, coordination, and terminal guidance for supporting arms. To provide guidance for supporting arms, the UH-1N currently relies on a thermal imaging system with a stabilized forward looking infrared (FLIR) sensor, which provides real-time, passive thermal imagery to the pilot. The system is used for navigation as well as hazard and target detection and, as currently configured, does not incorporate a laser designator. /3/ In 1996, the agency documented its need to incorporate laser designators into the thermal imaging systems carried aboard the UH-1N aircraft. /4/ Agency Report, Tab 1, at 4. In 1997, the Marine Light/Attack Helicopter Operational Advisory Group (OAG) determined that upgrading the thermal imaging system with a laser designator was one of the top ten fleet priorities for the UH-1N. Contracting Officer's Statement at 6. /5/ In 1998, the agency awarded the contract to Bell Helicopter Textron, Inc. (BHTI) to perform the "mid-life upgrade" of the UH-1N. That contract provides that thermal imaging systems currently in the UH-1N helicopters will be provided to BHTI as government-furnished equipment. The modification of the UH-1N will occur in an ongoing manner, with the last of the unmodified UH-1N aircraft being deployed in 2009 and continuing operations through 2012. Contracting Officer's Statement at 7. The solicitation protested by Wescam was issued on May 31, 2000, and contemplates award of up to 124 thermal imaging systems under an indefinite-quantity/indefinite-delivery contract to be installed in the currently existing UH-1N aircraft, as well as in the UH-1Y aircraft under the "mid-life upgrade" program. /6/ The RFP provides that, in addition to laser designating capabilities, any proposed system must "have all the operational functions of the existing [system]," must "mount to existing hardware without modifications to the aircraft and airframe," and must "interoperate and conform with existing mechanical, electrical and software interfaces." RFP Sec. C, Statement of Work (SOW), at 28-29. The RFP also requires that the proposed systems be delivered within 90 or 120 days after receipt of an order, depending on whether the offeror has proposed an upgraded system or a replacement system. The closing date for submission of proposals was July 7, 2000. /7/ Wescam filed this protest on July 5. DISCUSSION Wescam protests that, to the extent the solicitation seeks laser designators for the UH-1N aircraft before they are inducted into the midlife upgrade program, the solicitation exceeds the agency's requirements and "conflict[s] with the agency's Congressionally-mandated requirement or need." Protest at 2. Wescam asserts that, with regard to the UH-1N aircraft prior to the mid-life upgrade, Congress has only authorized modifications to address safety concerns, and asserts that "[t]here is no published Congressional support for arming the [UH-1N] Helicopter with a laser designator," which -- Wescam asserts -- will "add lethality." Protest at 2, 4. In arguing that acquisition of a laser designator exceeds the agency's actual needs, Wescam refers to a Senate report that accompanied the National Defense Authorization Act for Fiscal Year 2000, quoting the following portion of that Report: The budget request included $6.3 million for H-1 series aircraft requirements. The committee is concerned about limitations of currently installed navigational thermal imaging systems for UH-1N aircraft.