B-299864; B-299864.2; B-299864.3, Harris Corporation, September 14, 2007
Case: B-299864
Agency:
Protester: B
Date: 2007-09-14
Denied
B-299864; B-299864.2; B-299864.3, Harris Corporation, September 14, 2007
TITLE: B-299864; B-299864.2; B-299864.3, Harris Corporation, September 14, 2007
BNUMBER: B-299864; B-299864.2; B-299864.3
DATE: September 14, 2007
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B-299864; B-299864.2; B-299864.3, Harris Corporation, September 14, 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: Harris Corporation
File: B-299864; B-299864.2; B-299864.3
Date: September 14, 2007
Thomas P. Humphrey, Esq., John E. McCarthy, Jr., Esq., Michael D. Newman,
Esq., Rogelyn D. McLean, Esq., Dane Swanson, Esq., Derek A. Hahn, Esq.,
Crowell & Moring, and Ronald S. Blum, III, Esq., for the protester.
Mark D. Colley, Esq., Drew A. Harker, Esq., Paul E. Pompeo, Esq.,
Patricia L. Stasco, Esq., and Antonella Karlin, Esq., Arnold & Porter, and
Charles D. Coleman, Esq., for the Raytheon Company, the intervenor.
Sandra Cain, Esq., Marian Ciborski, Esq., Robert Schlesinger, Esq., and
Cheryl Parker, Esq., for the agency.
David A. Ashen, Esq., and John M. Melody, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest of award of contract under downselect competition for naval
satellite communications terminal is denied where agency reasonably
determined that testing of awardee's prototype demonstrated that it met
nearly all of the hardware and software specification requirements, while
protester's prototype failed to satisfy many specification requirements,
such that a significant amount of work that had been scheduled for
completion in initial development phase had not been accomplished by
protester, resulting in a medium to high risk in event of award to
protester.
DECISION
Harris Corporation protests the Space and Naval Warfare Systems Command's
(SPAWAR) award of contract No. N00039-07-C-0012 to the Raytheon Company,
pursuant to a downselect competition under contract No. N00039-04-C-0011,
for the Navy Advanced Extremely High Frequency (AEHF) Multiband Terminal
(NMT). Harris challenges the evaluation of proposals and resulting source
selection.
We deny the protest.
The AEHF NMT is a multiband-capable satellite communications terminal that
will be installed on ship, shore, and submarine platforms to provide the
capability to communicate with satellite systems (such as Milstar) using
various frequency bands, communications protocols and data rates. The
surface ship NMT comprises a below decks Communications Group and a
topside Antenna Group that includes two antennas and two radomes. The
submarine NMT includes a Communications Group and modifications, as
necessary, to the submarine mast antenna and periscope antenna/high power
amplifier (HPA) interfaces, provided as government furnished property
(GFP). The shore NMT consists of a Communications Group capable of
interfacing to the GFP shore Antenna Group, including modifications to the
GFP shore Antenna Group, as necessary.
On October 28, 2003, SPAWAR awarded Raytheon and Harris cost-plus-award
fee contracts for system design and development of the NMT, with
fixed-price, not-to-exceed options for production. Under the initial phase
of these contracts, each contractor developed and fabricated four
prototypes (two for surface ships, one for submarines and one for shore),
which were to undergo a prototype test (PT1) to demonstrate that the
prototypes were capable of meeting the requirements in the specifications
(including SPAWAR-T-895, Navy Advanced Extremely High Frequency (AEHF)
Multiband Terminal (NMT) Specification). The specific subset of
requirements to be verified in the PT1 testing, referred to as REQIDs,
numbered 388 as listed in Appendix E, Test Matrix, of SPAWAR-T-895. NMT
Statement of Work (SOW) sect. 3.4; Agency Report (AR) at 15. As discussed
below, the results of the PT1 testing were crucial to the resulting
downselect decision.
On June 22, 2006, SPAWAR issued a downselect contract change package (CCP)
that provided for selection on a "best value" basis of a single contractor
to continue development, and then undertake production and logistic
support, of the NMT terminal.
Full decision text continues on ProtestIntel...