B-299595.3, J&J Colombia Services MV LTDA, June 26, 2007

B-299595.3 Jun 26, 2007 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights J&J Colombia Services MV LTDA protests the Department of the Army's sole-source award of an interim contract to PAE Colombia LTDA under request for proposals (RFP) No. W913FT-07-R-0018, for logistics support services required by the U.S. Military Group (USMILGP) located in Bogota, Colombia, and other government agencies throughout Colombia. J&J argues that the sole-source award was solely the consequence of the Army's lack of advance planning, and therefore was improper. We deny the protest. View Decision B-299595.3, J&J Colombia Services MV LTDA, June 26, 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: J&J Colombia Services MV LTDA File: B-299595.3 Date: June 26, 2007 John C. Dulske, Esq., and Joan K. Fiorino, Esq., Dulske & Fiorino, PC, for the protester. Michael F. Mason, Esq., Thomas L. McGovern III, Esq., and Michael D. McGill, Esq., Hogan & Hartson LLP, for PAE Colombia LTDA, an intervenor. Maj. Jayanth Jayaram, Department of the Army, 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 that agency improperly awarded interim contract on sole-source basis is denied where award of long-term contract for same services was delayed by litigation and agency reasonably determined that only the incumbent contractor was in a position to perform urgently required services. DECISION J&J Colombia Services MV LTDA protests the Department of the Army's sole-source award of an interim contract to PAE Colombia LTDA under request for proposals (RFP) No. W913FT-07-R-0018, for logistics support services required by the U.S. Military Group (USMILGP) located in Bogota, Colombia, and other government agencies throughout Colombia. J&J argues that the sole-source award was solely the consequence of the Army's lack of advance planning, and therefore was improper. We deny the protest. By way of background, one of the primary missions of the USMILGP in Colombia is to support the overall U.S. strategy to defeat narcotics trafficking and narco-terrorism in Colombia. In cooperation with the U.S. Embassy, other U.S. agencies, and the government of Colombia, the USMILGP in Colombia provides security assistance and military-to-military contact in order to eliminate/reduce drug trafficking and narco-terrorism; strengthen Colombian military professionalism; conduct anti-drug operations; and eliminate the threat to Colombia's sovereignty and democracy. On December 29, 2006, the Army issued a competitive solicitation, RFP No. W913FT-07-R-0001, for the USMILGP's required logistics support services in Bogota, Colombia, which include supply support activities/warehouse operations, property book and unit supply support, transport and customs support, vehicle maintenance and repair parts support, and facilities administration. In response to the RFP, the Army received timely proposals from several offerors, including J&J and PAE. J&J was advised by letter of March 1, 2007 that it would be awarded the contract; however, a few days later, the Army advised J&J by letter that the award notice had been issued –prematurely and in error,— and that discussions would be conducted with the competitive-range offerors. On March 26, the Army made award to PAE, the incumbent contractor. PAE had been performing under a previous competitively awarded contract, which had an expiration date of March 29, 2007. J&J timely protested PAE's award to our Office on March 29.[1] As a consequence of J&J's protest, the Army was required to stay contract performance. See 31 U.S.C. sect. 3553(d)(3)(A) (2000). On that same day, the Army sent PAE the solicitation at issue in this current protest, RFP No. W913FT-07-R-0018, for the award of a sole-source interim contract to provide the same services as required under the contract that had been stayed due to the protest filed by J&J. The period of performance was 4 months with one 6-month option period. The Army awarded PAE the interim contract on March 30. On March 30, the Army prepared a justification and approval (J&A) citing Federal Acquisition Regulation (FAR) sect. 6.302-2, Unusual and Compelling Urgency, as justification for not seeking full and open competition for its requirements under the interim contract. The J&A indicated that continuity of the logistics support services was –critical— to the operation and performance of the USMILGP mission in Colombia. Agency Report (AR) Tab 7, J&A, at 3. If the services were not maintained, the Army stated, its security assistance and cooperation efforts would be brought to –an almost complete standstill,— and there would be a serious degradation of security and force protection.