Moog Inc., B-294600, November 12, 2004

B-294600 Nov 12, 2004 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Moog Inc. protests the decision of the U.S. Army Aviation and Missile Command (AMCOM) to issue request for proposals (RFP) No. DAAH23-03-R-0668, for the overhaul and upgrade of UH-60 pitch trim actuators, as a small business set-aside. Moog, the original equipment manufacturer of the actuator, contends that only an approved source may perform the necessary work, and that the agency lacked a reasonable basis for setting aside the procurement because no small businesses have been approved to perform the requirement. We deny the protest. View Decision B-294600, Moog Inc., November 12, 2004 Decision Matter of: Moog Inc. File: B-294600 Date: November 12, 2004 Martin G. Bobak for the protester. Victor G. Vogel, Esq., U.S. Army Materiel Command, and John W. Klein, Esq., and Laura Mann Eyester, Esq., Small Business Administration, for the agencies. Charles W. Morrow, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that solicitation for maintenance and overhaul services of a flight safety part should not be set aside for exclusive small businesses participation is denied, where although the protester contends that the services can only be acquired from approved sources, the procuring agency states that these services need not be acquired from approved sources and where the agency has twice previously acquired these services from a small business concern under acquisitions that were set aside exclusively for small business participation. DECISION Moog Inc. protests the decision of the U.S. Army Aviation and Missile Command (AMCOM) to issue request for proposals (RFP) No. DAAH23-03-R-0668, for the overhaul and upgrade of UH-60 pitch trim actuators, as a small business set-aside. Moog, the original equipment manufacturer of the actuator, contends that only an approved source may perform the necessary work, and that the agency lacked a reasonable basis for setting aside the procurement because no small businesses have been approved to perform the requirement. We deny the protest. The RFP, issued on June 30, 2004, contemplates the award of a 5-year indefinitedelivery/indefinite-quantity fixed-price contract for the overhaul, recapitulation, and upgrade of UH-60 pitch trim actuators. [1] The specifications require the contractor to furnish all services, facilities, labor, parts, materials, equipment, tools and data to accomplish the work in accordance with "Depot Maintenance Work Requirement" (DMWR) 1-1650-385. [2] See RFP C-1 a. and b. In addition, the RFP includes "FLIGHT SAFETY PARTS CRITICAL MAINTENANCE AND OVERHAUL [Quality Engineering Standard] QE-STD-2", which obligates the contractor to meet certain minimum requirements in performing the overhaul and maintenance of the actuators because the actuator is a flight safety part (FSP). [3] RFP C-2. This standard states that "to maintain the integrity and quality of FSP, components, subassemblies, and assemblies undergoing [maintenance and overhaul], contractors providing such services are required to adhere to the requirements of this document in its entirety." See QE-STD-2 5.0. The standard lists several specific requirements and states that "all requirements of this document (para[graphs] 6.1 --6.7) shall be complied with by a contractor receiving a contract for [maintenance and overhaul] of FSP." Those requirements pertain to planning, audits, critical characteristics, records, personnel, measurement and test equipment, and government furnished material. Moog protests that AMCOM could not properly set aside this procurement for small businesses, because there are no small business approved sources for the UH-60 pitch trim actuator. In this regard, Moog argues that QESTD-2 is a "qualification requirement" that obligates AMCOM to use only approved sources for maintenance and overhaul of FSPs, such as the UH-60 pitch trim actuator. Comments at 2. Moog bases this argument upon the fact that this standard includes a definition of "approved source" [4] and requires that maintenance and overhaul contractors adhere to all the requirements of QE-STD-2. We disagree that QE-STD-2, as included in the RFP here, is a qualification requirement that restricts competition under this solicitation to approved sources. This standard specifically identifies the requirements that the maintenance and overhaul contractor must satisfy in performing the contract work, such as planning and procedures to perform the work, inspection of critical characteristics, traceability and retention of records, certification of personnel skills, calibration of test and measurement equipment, and procedures for handling government furnished material (if provided). See QE-STD-2 6.1-6.7.