B-310018, The Protective Group, Inc., November 13, 2007

B-310018 Nov 13, 2007 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights The Protective Group, Inc. (TPG) protests the terms of request for proposals (RFP) No. H92222-07-R-0011, issued by the United States Special Operations Command (USSOCOM), for body armor plates for individuals in the special operations forces (SOF). TPG primarily contends that the requirements should be set aside for small business concerns. We deny the protest. View Decision B-310018, The Protective Group, Inc., November 13, 2007 Decision Matter of: The Protective Group, Inc. File: B-310018 Date: November 13, 2007 Richard L. Moorhouse, Esq., John G. Stafford, Esq., David T. Hickey, Esq., and Sean M. Connolly, Esq., Greenberg Traurig, LLP, for the protester. Christine M. Choi, Esq., Department of the Army, and John W. Klein, Esq., and Kenneth Dodds, Esq., Small Business Administration, for the agencies. Peter D. Verchinski, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency determination not to set aside body armor procurement for small businesses was proper where record shows agency was familiar with body armor marketplace, and responses from firms participating in –industry day— conference with agency demonstrated that it was not likely to receive proposals from at least two responsible small businesses capable of meeting the unique requirements of the solicitation. DECISION The Protective Group, Inc. (TPG) protests the terms of request for proposals (RFP) No. H92222-07-R-0011, issued by the United States Special Operations Command (USSOCOM), for body armor plates for individuals in the special operations forces (SOF). TPG primarily contends that the requirements should be set aside for small business concerns. We deny the protest. The body armor being procured here is part of the SOF Personnel Equipment Advanced Requirements (SPEAR) body armor system, a family of integrated body armor and load carriage systems (BALCS) consisting of advanced clothing components and equipment that are tailored to different special operations uses. An important component of this system is the ballistic armor plates, which are specifically designed to stop certain munitions, and which consist of different sizes, shapes, and plate technologies. USSOCOM first began procuring ballistic plates to meet the SPEAR requirements in 1998, when it awarded a contract to Ceradyne, Inc., which was a small business at the time. Agency Report (AR), Tab 13, at 3; Tab 19, at 2. In August 2006, the agency issued an unrestricted solicitation for these items, which included detailed ballistic plate specifications, designed to reduce the weight of the body armor while increasing ballistic protection. AR, Tab 2, Legal Memorandum, at 3; AR, Tab 13, at 5. The agency received four proposals--three from small businesses, and one from the incumbent, Ceradyne, which no longer qualified as a small business. One of the proposals was not evaluated because it was incomplete, and the three remaining proposals were found technically unacceptable for failing to meet certain –go/no go— criteria. USSOCOM canceled the solicitation on January 11, 2007. AR, Tab 1, Contracting Officer's Statement, at 1. On February 9, the agency issued a pre-solicitation notice stating that a new solicitation for the requirement would be released shortly, and that USSOCOM would be holding an open –industry day— conference, during which [i]ndividuals cleared at the Secret level will have the opportunity to provide information at that classification during one-on-one meetings about the status of ongoing ballistic technologies that are manufacturable for the upcoming solicitation. During this industry day, potential offerors will have the opportunity to comment on the requirements of the solicitation, and provide perspective on the technologies they have available to meet the requirement. AR, Tab 7. The notice further provided offerors a detailed explanation of the technical specifications for the ballistic plates. Id. Nine firms attended the industry day conference. On the morning of the first day of the conference, all firms received a briefing regarding the details of the competition, including configuration and technical specifications for the plates. Firms were then given an opportunity to ask questions in an open forum, and eight of the firms--including the protester and four other small businesses--then participated in individual one-on-one meetings. Thereafter, on May 9, USSOCOM issued the RFP. TPG filed this protest with our Office prior to the August 7 closing time. TPG maintains that the agency improperly failed to set aside this procurement for small businesses.