W K Engineering International, Inc.

B-414932 Oct 13, 2017 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights W K Engineering International, Inc. (WKE), a small business located in Santa Clarita, California, protests the issuance of a purchase order to AMI Industries, Inc. (AMI), of Colorado Springs, Colorado, under request for quotations (RFQ) No. SPE4A7-17-T-H866, issued by the Defense Logistics Agency (DLA) for headrest pad assemblies associated with aircraft ejection seats. The protester contends that the award to AMI was improper because the protester's quotation was lower-priced and offered a shorter delivery period. The protester also contends that the solicitation unreasonably restricted competition to those quotations submitted by the approved source of supply. We dismiss the protest. We dismiss 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:  W K Engineering International, Inc. File:  B-414932 Date:  October 13, 2017 Jonathan R. Hickman, Esq., Esquire Corporate Services, LC, for the protester. Ashley M. Kelly, Esq., Defense Logistics Agency, for the agency. Elizabeth Witwer, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Where a protester is not an approved source for items requiring source approval, protester is not an interested party to challenge the issuance of a purchase order for those items.  2.  Protest alleging that agency unreasonably restricted competition for a critical application item to one approved source is dismissed as untimely where the protest ground was not raised before the closing date for receipt of quotations. DECISION W K Engineering International, Inc. (WKE), a small business located in Santa Clarita, California, protests the issuance of a purchase order to AMI Industries, Inc. (AMI), of Colorado Springs, Colorado, under request for quotations (RFQ) No. SPE4A7-17-T-H866, issued by the Defense Logistics Agency (DLA) for headrest pad assemblies associated with aircraft ejection seats.  The protester contends that the award to AMI was improper because the protester's quotation was lower-priced and offered a shorter delivery period.  The protester also contends that the solicitation unreasonably restricted competition to those quotations submitted by the approved source of supply. We dismiss the protest. BACKGROUND On June 7, 2017, DLA issued the RFQ on DLA's Internet Bid Board System (DIBBS) requesting quotations to supply 162 headrest pad assemblies, identified by national stock number (NSN) 1680-01-053-3072.  RFQ at 8, 9.  The solicitation also contained a requirement that the successful vendor submit one headrest for first article testing.  Id. at 2-3.  Quotations were to be submitted through the DIBBS website by June 19.  Id. at 1, 2. The solicitation provided that the headrests were a critical application item,[1] and also described the headrests as a life support item for which "[o]nly quotes from the approved source of supply or authorized dealers are acceptable."  Id. at 4, 8.  Specifically, the solicitation stated as follows: This is a life support item; surplus material will not be considered for award.  Only quotes from the approved source of supply or authorized dealers are acceptable for life support items.  The dealer must provide a copy of the letter from the approved source of supply approving them to act as a dealer/distributor with their quote.  Quotes from secondary dealers will not be accepted. Id. at 4.  Section B of the solicitation listed AMI as the approved source of supply and provided AMI's commercial and government entity (CAGE) code and applicable part number as "AMI INDUSTRIES, INC. DBA GOODRICH 31218 P/N J114620-503."  Id. at 8.  The solicitation did not list WKE, or any other firms, as an approved source of supply for the headrests.  The solicitation also incorporated the terms and conditions set forth in the DLA master solicitation for automated simplified acquisitions.  Id.at 1.  Relevant here, the DLA master solicitation incorporates DLA procurement note M06, which applies when items are identified in the solicitation "only by the name of an approved source (CAGE code), a part number, and a brief description[.]"  Agency Report (AR), Tab C, DLA Master Solicitation for Automated Simplified Acquisitions Revision 38, May 26, 2017, at 10.  In such circumstances, DLA procurement note M06 provides that offers of alternate products will not be evaluated for the contract action if the solicitation is automated.  AR, Tab D, DLA Procurement Note M06, Sept.