B-311452, Hydro Fitting Manufacturing Corporation, July 8, 2008

B-311452 Jul 08, 2008 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Hydro Fitting Manufacturing Corporation (HFMC) protests the Defense Logistics Agency's (DLA) failure to list HFMC as a qualified source with regard to request for quotations (RFQ) No. T-2016 to purchase a quantity of valve stem assemblies, national stock number (NSN) 2640-01-419-6205 (hereinafter referred to as "NSN-6205"). We deny the protest. View Decision B-311452, Hydro Fitting Manufacturing Corporation, July 8, 2008 Decision Matter of: Hydro Fitting Manufacturing Corporation File: B-311452 Date: July 8, 2008 Susan J. Buchanan, Hydro Fitting Manufacturing Corporation, for the protester. Edward C. Hintz, Esq., and Michael L. Walters, Esq., Defense Logistics Agency, for the agency. Glenn G. Wolcott, Esq., and Ralph O. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency properly determined that protester is not a qualified source to provide valve stem assemblies, a critical safety item, where protester has been provided an opportunity to comply with qualification requirements but has declined to do so. DECISION Hydro Fitting Manufacturing Corporation (HFMC) protests the Defense Logistics Agency's (DLA) failure to list HFMC as a qualified source with regard to request for quotations (RFQ) No. T-2016 to purchase a quantity of valve stem assemblies, national stock number (NSN) 2640-01-419-6205 (hereinafter referred to as –NSN'6205—). We deny the protest. In March 2008, the Defense Supply Center Columbus (DSCC), a field activity of DLA, issued RFQ-T-2016, seeking quotations to provide 3,000 valve stem assemblies, NSN'6205. The assemblies are used on the high mobility multipurpose wheeled vehicle (HMMWV) and are considered critical safety items because failure could lead to underinflation of the HMMWV's tires, resulting in vehicle instability and potentially causing death or serious bodily injury. Agency Report (AR), Contracting Officer's Statement, at 1. Accordingly, only sources that have obtained source approval are considered eligible to provide the valve stem assemblies. HFMC asserts that it should be listed as a qualified source for this procurement based on testing it completed in 2006 with regard to one component of the assemblies.[1] HFMC maintains that, in connection with a previous procurement conducted in 2004, unidentified representatives of the U.S. Army Tank and Automotive Command (TACOM) [2] advised HFMC that the component part, NSN'1063, was the only portion of the valve stem assemblies for which source approval was required. Accordingly, HFMC maintains that it must now be listed as an approved source for the entire assembly. The agency responds that there are, and have been since 2003, qualification requirements for both the component part, NSN-1063, and the overall assembly, NSN-6205. Specifically, the agency explains that following numerous product quality deficiency reports (PQDR) concerning leaking assemblies, the agency began requiring qualification testing for the overall assemblies in November 2003. AR, Tab 3, para. 3. Further, the record shows that HFMC was provided written notice in March 2008 regarding the qualification requirements for the overall assemblies.[3] In response to this notification, HFMC complained that HFMC had previously been –o.k.'d by TACOM— as a qualified source for the assemblies, characterized the requirement for submission of additional data as –clerical work,— and declined to provide the necessary information. AR, Tab 1, Email from HFMC to DLA (Mar. 19, 2008). A procuring agency may limit competition for the supply of parts if doing so is necessary to ensure the safe, dependable and effective operation of military equipment, see, e.g., Tura Mach. Co., B-241426, Feb. 4, 1991, 91-1 CPD para. 114 at 3, and the contracting agency is primarily responsible for determining its minimum needs and for determining whether a potential offeror will satisfy those needs, since it must bear the burden of difficulties resulting from defective determinations in this regard. Chromalloy Gas Turbine Corp., B-234272, May 17, 1989, 89-1 CPD para. 474 at 2. When a contracting agency restricts a contract award to only approved sources and imposes qualification requirements, unapproved sources should be given a reasonable opportunity to qualify. 10 U.S.C. sect. 2319 (2000). However, an agency is not required to delay a procurement solely to provide a potential offeror an opportunity to demonstrate its ability to become approved. 10 U.S.C. sect. 2319 (c)(5); The Purdy Corp., B-259066, Mar. 1, 1995, 95-1 CPD para. 120 at 3. This is particularly true where the offeror contributes to its failure to obtain timely source approval.