Persistent Systems, LLC

B-415544 Jan 16, 2018 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Persistent Systems, LLC, of New York, New York, protests the terms of request for proposals (RFP) No. W15P7T-17-0003, issued by the Department of the Army, U.S. Army Materiel Command, for the production of 2-channel, handheld dismounted and mounted leader radios. Persistent Systems challenges several of the solicitation's requirements as being unduly restrictive of competition, and argues that the Army otherwise failed to follow the requirements of Federal Acquisition Regulation (FAR) part 11 when establishing the agency's requirements. 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 version has been approved for public release. Decision Matter of:  Persistent Systems, LLC File:  B-415544 Date:  January 16, 2018 Christian F. Henel, Esq., and Gunjan R. Talati, Esq., Kilpatrick Townsend & Stockton LLP, for the protester. Captain Matthew R. Wilson, and Jason A. Barocas, Esq., Department of the Army, for the agency. Evan D. Wesser, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging a solicitation provision as being unduly restrictive of competition is denied where the agency articulated a reasonable basis for the requirement relating to the safety of military personnel and national defense. DECISION Persistent Systems, LLC, of New York, New York, protests the terms of request for proposals (RFP) No. W15P7T-17-0003, issued by the Department of the Army, U.S. Army Materiel Command, for the production of 2-channel, handheld dismounted and mounted leader radios.  Persistent Systems challenges several of the solicitation's requirements as being unduly restrictive of competition, and argues that the Army otherwise failed to follow the requirements of Federal Acquisition Regulation (FAR) part 11 when establishing the agency's requirements. We deny the protest. BACKGROUND The RFP, which was issued on September 7, 2017, and subsequently amended four times, seeks proposals for the production of 2-channel, handheld dismounted and mounted leader radios.  The RFP provides as follows: The Leader Radio is a 2-channel handheld and mounted radio to be used at the Team, Squad, and Platoon leader's level to provide the capability for these leaders to have interoperable voice communications with tactical enablers such as aviation, fires, coalition, host nation, or other adjacent units that use legacy Single Channel Ground and Airborne Radio System (SINCGARS) while simultaneously maintaining voice and data communication with subordinates and peers in one handheld device. . . . The Leader Radio enables simultaneous use of the legacy [SINCGARS] and Solider Radio Waveform (SRW) waveforms. RFP, attach. No. 11, Performance Requirements Document, at 5. The RFP contemplates the award of two indefinite-delivery, indefinite-quantity (IDIQ) contracts, as well as initial task order awards to the two contract awardees.  RFP, attach. No. 36, Section M - Evaluation Factors, at 1.  Award of the IDIQ contracts is to be made on a lowest-priced, technically-acceptable basis.  Id.  Each contract is to have an initial five-year ordering period, with a five-year option ordering period.  RFP at 416.  Task orders can be issued against the IDIQ contracts on a fixed price, cost reimbursement, or no cost basis, and the total ceiling value for the contracts is $3.885 billion.  Id.