Gichner Systems Group, Inc.

B-414392 May 31, 2017 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Gichner Systems Group, Inc., of Dallastown, Pennsylvania, protests the decision of the Department of the Army to award a sole-source contract to General Dynamics Armament and Technical Products, Inc. (GDATP), of Marion, Virginia, under request for proposals (RFP) No. W56HZV-17-R-0098, for 31 Army Standard Family (ASF) shelters. Gichner challenges the basis for the proposed sole-source award, arguing that it is a qualified manufacturer of the shelters that could meet the Army's needs and that the Army's need for shelters is the result of a lack of advance planning. We deny the protest. We deny the protest. View Decision 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:  Gichner Systems Group, Inc. File:  B-414392 Date:  May 31, 2017 James D. Puckett, Esq., Kratos Defense and Security Solutions, Inc., for the protester. Scott M. McCaleb, Esq., John R. Prairie, Esq., and John P. Fletcher, Esq., Wiley Rein LLP, for General Dynamics Armament and Technical Products, Inc., the intervenor. Wade L. Brown, Esq., and David A. Machado, Esq., Department of the Army, for the agency. Paula J. Haurilesko, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest of the agency’s decision to award a sole-source contract is denied, where the agency reasonably determined that other possible manufacturers would be unable to meet the delivery schedule as a result of a first article testing requirement. 2.  Protest that the agency’s decision to award a sole-source contract resulted from the agency’s failure to engage in advance planning is denied, where the agency began its acquisition planning prior to the expiration of the previous contract and intervening events changed the nature of the procurement. DECISION Gichner Systems Group, Inc.,[1] of Dallastown, Pennsylvania, protests the decision of the Department of the Army to award a sole-source contract to General Dynamics Armament and Technical Products, Inc. (GDATP), of Marion, Virginia, under request for proposals (RFP) No. W56HZV-17-R-0098, for 31 Army Standard Family (ASF) shelters.  Gichner challenges the basis for the proposed sole-source award, arguing that it is a qualified manufacturer of the shelters that could meet the Army’s needs and that the Army’s need for shelters is the result of a lack of advance planning. We deny the protest. BACKGROUND The ASF shelter is a one-side expandable, rigid wall shelter that meets International Organization for Standardization (ISO) standards.[2]  See Agency Report (AR), Tab 7, Justification and Approval Document (J&A), at 1.  The ASF shelter is a major component in the Army’s armament repair shop set (ARSS) system, which provides U.S. forces with the most current and accurate tools to perform field-level maintenance on a range of weaponry, from small arms to field artillery.  Id.  The ARSS provides the capability to return damaged, mission critical weapons systems and equipment to operational readiness at the equipment location.  Id. at 2.  The ASF shelters are shipped from the contractor’s facility to the Tobyhanna Army Depot, where the shelters are modified to become the ARSS.  Id. Gichner supplied the Army with ASF shelters under a 5-year, indefinite-delivery, indefinite-quantity (ID/IQ) contract that expired in July 2010.  Contracting Officer’s Statement and Memorandum of Law (COS/MOL) at 3.  The Army subsequently competed the requirement and awarded a 5-year ID/IQ contract to GDATP in December 2010.  AR, Tab 7, J&A, at 4.  GDATP’s contract expired in December 2015; the last ASF shelter was delivered in March 2017.  Id.; Supp. COS/MOL at 4.  In July 2015, prior to the expiration of GDATP’s contract, the Army issued a request for information to conduct a market survey of the industry’s capability to provide ASF shelters.  AR, Tab 3, Federal Business Opportunities (FBO) Notice, July 9, 2015.  Gichner responded to the request for information.  AR, Tab 4, Gichner Response to 2015 FBO Notice. In December 2015, after the leadership of the Army office responsible for ASF shelters changed, the Army decided to produce a new, lighter, more efficient and cost effective ASF shelter for the ARSS program, which resulted in several engineering change proposals to be incorporated into the next 5-year contract.  COS/MOL at 3.  The scope of work for the next contract was amended, and in November 2016, the Army posted another request for information to the FBO website.  Id. at 4; AR, Tab 5, FBO Notice, Nov.