B-299150; B-299150.2; B-299150.3; B-299150.4; B-299150.5, ITT Electronic Systems, Radar Systems--Gilfillan, February 2, 2007
Case: B-299150
Agency:
Protester: B
Date: 2007-02-02
Dismissed
B-299150; B-299150.2; B-299150.3; B-299150.4; B-299150.5, ITT Electronic Systems, Radar Systems--Gilfillan, February 2, 2007
TITLE: B-299150; B-299150.2; B-299150.3; B-299150.4; B-299150.5, ITT Electronic Systems, Radar Systems--Gilfillan, February 2, 2007
BNUMBER: B-299150; B-299150.2; B-299150.3; B-299150.4; B-299150.5
DATE: February 2, 2007
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B-299150; B-299150.2; B-299150.3; B-299150.4; B-299150.5, ITT Electronic Systems, Radar Systems--Gilfillan, February 2, 2007
DOCUMENT FOR PUBLIC RELEASE
The decision issued on the date below was subject to a GAO Protective
Order. This redacted version has been approved for public release.
Decision
Matter of: ITT Electronic Systems, Radar Systems--Gilfillan
File: B-299150; B-299150.2; B-299150.3; B-299150.4; B-299150.5
Date: February 2, 2007
Philip J. Davis, Esq., Rand L. Allen, Esq., Nicole P. Wishart, Esq., Jon
W. Burd, Esq., and John R. Prairie, Esq., Wiley Rein LLP, for the
protester.
Mark D. Colley, Esq., Cameron W. Fogle, Esq., and Stuart W. Turner, Esq.,
Holland & Knight LLP, for Raytheon Co., an intervenor.
Jeffrey I. Kessler, Esq., and Wade L. Brown, Esq., U.S. Army Materiel
Command, for the agency.
Edward Goldstein, Esq., and Christine S. Melody, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest challenging award of a sole-source contract based on alleged
changes to the agency's requirements, which served as the basis for the
sole-source determination, is premature where the agency has not finalized
any changes to its requirements and there have been no modifications to
the sole-source contract reflecting any of the changed requirements
alleged by the protester.
DECISION
ITT Electronic Systems, Radar Systems--Gilfillan (ITT) protests the
decision of the U.S. Army Aviation and Missile Command (AMCOM), Department
of the Army, to award a sole-source contract to Raytheon Company under
request for proposals (RFP) No. W31P4Q-05-R-0338, for Air Traffic
Navigation, Integration and Coordination System (ATNAVICS) and Fixed-Base
Precision Approach Radar (FBPAR) hardware, spares, and first article
testing, as well as FBPAR installation, site survey, site design, system
refurbishment and engineering services for fiscal years 2006 through 2010.
We dismiss the protest.
On August 3, 2005, the Army posted a pre-solicitation notice on the
FedBizOpps website announcing its intention to award a sole-source
ATNAVICS production contract to Raytheon and informed other potential
sources of their right to submit offers for consideration by the Army.
Proposals were due October 3, 2005. No source other than Raytheon
requested or received a copy of the RFP or submitted a proposal. The
contemplated sole-source contract for Raytheon was a follow-on contract to
a competitively awarded ATNAVICS contract, awarded to Raytheon in 1995.
The ATNAVICS system, as described in the sole-source RFP, is essentially a
mobile air traffic navigation system, which is configured on two High
Mobility Multipurpose Wheeled Vehicles (HMMWV) (referred to by the parties
as HUMVEEs) and can be transported on a single C-130 or larger aircraft.
Specifically, the ATNAVICS "sensor subsystem,"[1] which includes all
essential radar components, is mounted on an "expanded capacity variant
(ECV)" HUMVEE and the ATNAVICS "operations shelter," a structure from
which personnel operate the ATNAVICS system, is carried and deployed by
the "heavy variant (HV)" HUMVEE. Each HUMVEE also pulls a trailer that
carries a power generator.
In its protest, ITT does not challenge the Army's conclusion that Raytheon
was the only firm capable of meeting the ATNAVICS requirements, as those
requirements were identified in the sole-source RFP. Moreover, ITT
concedes that its own mobile air traffic control sensor subsystem cannot
be mounted on a single HUMVEE, and that its system cannot be transported
on a single C-130 aircraft. Protest 1 at 6. Rather, ITT's protest
allegations flow from its assertion that the deployment requirements for
the ATNAVICS system have materially changed from those stated in the RFP,
thereby undermining the basis for the Army's sole-source award
determination. In this regard, ITT contends that the Army's initiative to
"up-armor" its HUMVEEs imposes severe weight restrictions on the HUMVEEs
utilized to move the ATNAVICS, which have effectively eliminated the
above-noted single HUMVEE and single C-130 requirements.
Full decision text continues on ProtestIntel...