Lyntronics Inc., B-292204, July 22, 2003

B-292204 Jul 22, 2003 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Lyntronics argues that CECOM unreasonably determined that Lyntronics is not capable of meeting the agency's needs. The BA-5347/U battery is the only non-rechargeable power source authorized for use in the Thermal Weapon Sight (TWS). /1/ After a formal "best value" source selection in September 1998. The J & A concluded that a sole-source modification was justified because MAI is the only responsible source reasonably capable of meeting the immediate. Sec. 2304(c)(1) (2000) (use of other than competitive procedures authorized when the supplies or services needed are available from only one responsible source. No other products will satisfy the agency's needs). Although CECOM had inadvertently omitted from the synopsis any reference to standard note 22 (which indicates that offerors have 45 days to describe their interest in and capability to perform the requirement). View Decision Lyntronics Inc., B-292204, July 22, 2003 DIGEST Attorneys DECISION Lyntronics Inc. protests the decision of the Department of the Army, Communications-Electronics Command (CECOM), to modify Mathews Associates, Inc.'s (MAI) contract No. DAAB07-98-D-R311, to increase the ceiling quantity of BA-5347/U lithium manganese dioxide batteries that can be ordered under the contract. Lyntronics argues that CECOM unreasonably determined that Lyntronics is not capable of meeting the agency's needs. We deny the protest. The BA-5347/U battery is the only non-rechargeable power source authorized for use in the Thermal Weapon Sight (TWS). /1/ After a formal "best value" source selection in September 1998, CECOM awarded MAI an indefinite-delivery, indefinite-quantity contract to supply the Army with the battery for 3 years. Subsequent modifications extended the duration of the contract through July 31, 2004, and increased the maximum quantity of batteries that could be ordered to 75,000. CECOM has since initiated a follow-on competitive acquisition to succeed MAI's contract, and expects award to be made by September 2003, with deliveries commencing in September 2004. Due to a determination to fully field the TWS in connection with unforeseen military buildups, including Operation Enduring Freedom and Operation Iraqi Freedom, demand for the BA-5347/U battery has been consistently rising. As a result, the Army determined that it would need to acquire additional batteries prior to the commencement of deliveries under the new follow-on contract. Thus, on March 10, 2003, the Army executed justification and approval (J & A) number 03-083, authorizing CECOM to increase the quantity ceiling under MAI's contract to 225,000 batteries. The J & A concluded that a sole-source modification was justified because MAI is the only responsible source reasonably capable of meeting the immediate, interim requirements. See 10 U.S.C. Sec. 2304(c)(1) (2000) (use of other than competitive procedures authorized when the supplies or services needed are available from only one responsible source, or from a limited number of sources, and no other products will satisfy the agency's needs). According to the J & A, no other source could meet CECOM's needs because "[a]ny other source's product 'would need to undergo required safety and First Article Testing [FAT] that would result in delivery delays of approximately one year from contract award.'" Consistent with the J & A, CECOM posted a notification of the modification in FedBizOps on March 19, which discussed CECOM's concern regarding delivery delays due to necessary testing for firms other than MAI. Although CECOM had inadvertently omitted from the synopsis any reference to standard note 22 (which indicates that offerors have 45 days to describe their interest in and capability to perform the requirement), Agency Request for Summary Dismissal, at 2, Lyntronics contacted CECOM on March 24 to express interest in the requirement. Lyntronics was advised that it had 30 days "to write a proposal giving as much information as possible in a condensed package." Protester's Response to Agency's Request for Summary Dismissal, at 3. In its April 2 one-page response, Lyntronics briefly introduced the company as a "viable source for this battery," and stated that it could have a first article ready for testing in 3-4 weeks and could begin delivering batteries 1 month after production approval. However, the response did not provide any detail describing how this would be achieved. After reviewing this response and contacting Lyntronics to determine the type of battery cell it was proposing to use, CECOM affirmed its conclusion that MAI was the only responsible source with an approved production line that could meet its critical short-term needs. Agency's Request for Summary Dismissal, Tab A, Statement of Contracting Officer, Para. 5. CECOM issued modification No.