Humanetics Innovative Solutions

B-416979.3 May 15, 2019 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Humanetics Innovative Solutions, of Farmington Hills, Michigan, protests the Department of the Army's decision to pursue a sole-source acquisition of up to 40 advanced technology blast test dummies, known as warrior injury assessment manikins (WIAMen) anthropomorphic test dummies (ATDs) from Diversified Technical Systems Inc. (DTS), of Seal Beach, California. The agency opted not to compete the procurement after determining that the time needed to reperform testing of any non- DTS WIAMan or ATD would result in unacceptable delay to the procurement and substantial duplication of testing costs. Humanetics raises several arguments as to why the WIAMan acquisition can and should be competed, either in whole or in part. The protester also contends that the Army failed to engage in reasonable advance planning, which affected the Army's ability to use full and open competition in this procurement. 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:  Humanetics Innovative Solutions File:  B-416979.3 Date:  May 15, 2019 Andrew Shipley, Esq., Souvik Saha, Esq., and Philip Beshara, Esq., Wilmer Cutler Pickering Hale & Dorr LLP, for the protester. Stephen E. Ruscus, Esq., Donna Lee Yesner, Esq., and Katelyn M. Hilferty, Esq., Morgan, Lewis & Bockius LLP, for Diversified Technical Systems Inc., the intervenor. Jonathan A. Hardage, Esq., Wade Brown, Esq. and Karen L. Tibbals, Department of the Army, for the agency. Stephanie B. Magnell, Esq., and Amy B. Pereira, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Proposed sole-source acquisition of a follow-on contract for highly specialized equipment is unobjectionable where no further procurements are anticipated and the agency reasonably determined that award to any other source would cause unacceptable delays in fulfilling the agency’s requirements. DECISION Humanetics Innovative Solutions, of Farmington Hills, Michigan, protests the Department of the Army’s decision to pursue a sole-source acquisition of up to 40 advanced technology blast test dummies, known as warrior injury assessment manikins (WIAMen) anthropomorphic test dummies (ATDs) from Diversified Technical Systems Inc. (DTS), of Seal Beach, California.[1]  The agency opted not to compete the procurement after determining that the time needed to reperform testing of any non-DTS WIAMan or ATD would result in unacceptable delay to the procurement and substantial duplication of testing costs.  Humanetics raises several arguments as to why the WIAMan acquisition can and should be competed, either in whole or in part.  The protester also contends that the Army failed to engage in reasonable advance planning, which affected the Army’s ability to use full and open competition in this procurement. We deny the protest. BACKGROUND In March 2011, the Army initiated market research into the creation of a purpose-built WIAMan to assist the Army in improving the protective design of Army combat vehicles by assessing the vehicles’ ability to protect soldiers from under body blasts.[2]  AR, Tab 4, Market Research Report at 1; Hearing Transcript (tr.) at 294:17.[3]  In 2012, the Army, out of the Army Contracting Command (ACC)-Aberdeen Proving Ground (APG), contracted with Humanetics for the WIAMan first generation design concepts and initial technical data package (TDP).  COS/MOL at 5.  In September 2014, ACC-APG contracted with DTS to develop the WIAMan instrumentation concepts.  Id.  On December 19, 2014, ACC-APG competitively awarded cost-plus-fixed-fee contract No. W911QX-15-D-0001 to DTS for “the research, design, engineering, development, fabrication, testing, and analysis of [a] Gen[eration] 1 prototype [WIAMan . . .], including instrumentation and support equipment [. . .] associated project management, system integration, and logistic support,” at a maximum value of $31 million.[4]  AR, Tab 15, DTS Sci. & Tech. Contract at 1-2, 6; AR, Tab 4, Market Research Report at 3.  DTS was to deliver a TDP in accordance with MIL-STD-31000A.  AR, Tab 15, DTS Sci. & Tech. Contract at 80.  For both the first-generation WIAMan and the internal DAS and support equipment, DTS’ contract provided that “[t]he TDP level shall be ‘Developmental,’” as provided in MIL-STD-31000A.  Id. at 80, 87; see also id. at 11. The effort to develop the WIAMan IDAS took approximately 2 years.  Tr. at 21-22.  Once the WIAMan achieved technology readiness level (TRL) 6,[5] it was eligible for a production-type contract.  AR, Tab 4, Market Research Report at 3; tr. at 360:17-19.