B-298715, Relm Wireless Corporation, December 4, 2006

B-298715 Dec 04, 2006 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Relm Wireless Corporation protests the decision of U.S. Army Communications-Electronics Command (CECOM) to issue a solicitation contemplating the award of a task order under a multiple-award, indefinite-delivery/indefinite-quantity (ID/IQ) task order contract to obtain commercial Land Mobile Radio (LMR) equipment for tactical, intra-squad communications. Relm maintains that this tactical radio is outside the scope of the ID/IQ contracts. We deny the protest. View Decision B-298715, Relm Wireless Corporation, December 4, 2006 Decision Matter of: Relm Wireless Corporation File: B-298715 Date: December 4, 2006 William L. Walsh, Jr., Esq., J. Scott Hommer, III, Esq., Peter A. Riesen, Esq., and Keir X. Bancroft, Esq., Venable LLP, for the protester. Brian E. Toland, Esq., Department of the Army, for the agency. Katherine I. Riback, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency improperly obtained products outside scope of multiple-award indefinite-delivery/indefinite-quantity contracts is denied where the product was reasonably encompassed by the contracts at issue. DECISION Relm Wireless Corporation protests the decision of U.S. Army Communications-Electronics Command (CECOM) to issue a solicitation contemplating the award of a task order under a multiple-award, indefinite-delivery/indefinite-quantity (ID/IQ) task order contract to obtain commercial Land Mobile Radio (LMR) equipment for tactical, intra-squad communications. Relm maintains that this tactical radio is outside the scope of the ID/IQ contracts. We deny the protest. In 2001, the Department of the Army issued a solicitation contemplating the award of multiple ID/IQ contracts for base radio systems (BRS). Request for Proposals (RFP) No. DAAB07-01-R-H801. Under the statement of work, the solicitation described the scope of the contracts as follows: 1.2. Scope. The BRS program will offer commercially available radio technology products and services. These will allow customers to create a uniquely tailored solution to meet their LMR requirements. Offerings include categories for [LMR] systems from full turn-key to customer-tailored solutions, equipment, technical support services, and system design and analysis. RFP, attach. 1, Statement of Work (SOW), at 3. The solicitation did not include a definition of BRS,[1] but it did include the following definition of a LMR: Land Mobile Radio (LMR). The collective term for pagers and all fixed, mobile and portable non-tactical two-way radios used by various base and tenant organizations to control activities on or off-base. This term also covers similar assets designated for contingency, tactical or war ready material purposes. Id. at 17. The SOW went on to specify that the BRS contractors are required to provide commercially available LMR equipment that meets Joint Tactical Radio Systems (JTRS) functional capabilities and Association of Public Safety Communications Officials' (APCO) 25 guidelines. Id. at 3. The RFP contemplated that task orders would be competed among the holders of the BRS multiple-award task order contracts. The solicitations requesting proposals from the BRS contractors for a task order are supported by individual Customer Requirements Statements (CRS), which are tailored to the customer's specific needs. In March, 2006, the Department of the Army was tasked to procure commercial off-the-shelf Tier 2 LMRs for tactical operations that were compliant with APCO 25 guidelines and had Advanced Encryption Standard encryption capabilities. On July 27, a Letter Request for Proposals and CRS #0446 for Radio Equipment, Logistics Support, and Training were issued to BRS contractors.[2] These Tier 2 LMRs are planned to be used at temporary bases that are set up during tactical operations and are relocated to new positions as the tactical missions evolve to provide intra'squad communications for noncritical command and control, administrative and logistics functions and are intended for small unit operations. Agency Report at 3. Relm basically argues that the BRS contract is limited to non-tactical radios, and that the agency is improperly using this contract vehicle to purchase tactical radios.[3] In this regard, Relm cites CRS #0446, which states that the Tier 2 LMRs –are not intended for use as part of a base radio system for CONUS or OCONUS garrison support operations nor as a Contingency Operation Base . . . Land Mobile Radio system.— CRS #0466 sect. 1.0. As a general matter, our Office is statutorily precluded from considering protests challenging the issuance of task or delivery orders under multiple-award contracts. See 10 U.S.C. sect. 2304c(d) (2000); Specialty Marine, Inc., B-293871; B-293871.2, June 17, 2004, 2004 CPD para. 130 at 4.