B-309946; B-309946.2, Brinkmann Instruments, Inc., October 15, 2007

B-309946; B-309946.2, Brinkmann Instruments, Inc., October 15, 2007 TITLE: B-309946; B-309946.2, Brinkmann Instruments, Inc., October 15, 2007 BNUMBER: B-309946; B-309946.2 DATE: October 15, 2007 ******************************************************************* B-309946; B-309946.2, Brinkmann Instruments, Inc., October 15, 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: Brinkmann Instruments, Inc. File: B-309946; B-309946.2 Date: October 15, 2007 J. Michael Littlejohn, Esq., Hal J. Perloff, Esq., and Steven J. Koprince, Esq., Akerman Senterfitt Wickwire Gavin, for the protester. Robert Kois, Esq., and Richard Martinelli, Esq., Naval Supply Systems 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 Agency's proposed award of a sole-source contract for autotitrators to be used in nuclear submarines is unobjectionable where the agency reasonably determined that it needed to acquire the same autotitrator previously fielded on other nuclear submarines for purposes of standardization and safety across the nuclear submarine fleet. DECISION Brinkmann Instruments, Inc. protests the proposed sole-source award of a contract to Mettler-Toledo, Inc. under request for quotations (RFQ) No. N00104-07-Q-VY68, issued by the Naval Supply Systems Command, Department of the Navy, for 33 Mettler DL77 Navy autotitrators. We deny the protest. On July 23, 2007, the Navy published in FedBizOpps a presolicitation notice of its intention to procure, on a sole-source basis, 33 DL 77 Navy autotitrators from Mettler to be used onboard its 688 Class and 726 Class nuclear submarines. Currently, the Mettler unit is installed onboard 44 of the Navy's nuclear submarines and is used to automate the chemistry analysis of steam and steam plant water samples. As explained by the Navy, 22 of the 33 units are to be used for "On Board Repair Parts," while the remaining units are either intended for ship alterations or necessary to fulfill minimum stocking levels.[1] Agency Report (AR) at 5. Prior to issuance of the presolicitation notice, the Navy prepared a justification and approval (J&A) in support of the sole-source award to Mettler, citing the authority at 10 U.S.C. sect. 2304(c)(1) (2000) and Federal Acquisition Regulation (FAR) sect. 6.302-1, which authorize the use of other than competitive procedures when items required by an agency are available from only one responsible source or a limited number of responsible sources, and no other product will satisfy the agency's needs. Brinkmann objects to the proposed sole-source award to Mettler principally on the ground that its own autotitrator, the Metohm 809 Titrando, which it claims is less expensive than the Mettler autotitrator, is also technically and functionally equivalent or superior to the Mettler unit. [2] Accordingly, Brinkmann contends that the Navy is required to compete the autotitrator requirement. As a general matter, CICA mandates "full and open competition" in government procurements obtained through the use of competitive procedures. 10 U.S.C. sect. 2304(a)(1)(A). CICA, however, provides several exceptions to this requirement, including when an agency's requirements can only be satisfied by one responsible source. 10 U.S.C. sect. 2304(c)(1). When, as here, an agency invokes this exception, it is required to execute a written J&A with sufficient facts and rationale to support the use of the cited authority. Our review of an agency's decision to conduct a sole-source procurement focuses on the adequacy of the rationale and conclusions set forth in the J&A; where the J&A sets forth a reasonable justification for the agency's actions, we will not object to the award. Chapman Law Firm, B-296847, Sept. 28, 2005, 2005 CPD para. 175 at 3. In this regard, our Office has held that an agency's legitimate need to standardize the equipment it uses may provide a reasonable basis for imposing restrictions on competition. See, e.g., Advanced Med. Sys., Inc., B-259010, Jan. 17, 1995 (agency's need to standardize fetal monitors in order to maximize patient care was reasonable); Sperry Marine, Inc., B-245654, Jan. 27, 1992, 92-1 CPD para. 111 (sole-source acquisition of particular radar system was reasonable where agency needed to utilize the same radar system it had already deployed at training school). Based on our review of the record, we conclude that the Navy had a reasonable basis for the sole-source award to Mettler.