Technology Advancement Group, Inc.

B-417609 Aug 08, 2019 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Technology Advancement Group, Inc. (TAG), of Dulles, Virginia, a small business, protests the terms of request for proposals (RFP) No. W56HZV-19-R-0034, and the proposed award of a sole-source contract to Trimble, Inc., of Dayton, Ohio, by the Department of the Army, Army Materiel Command, to install Trimble's grade control capability system equipment and to supply and install additional devices. The protester argues that the Army unreasonably rejected its capability statement and that the agency lacks a valid legal basis to issue the RFP and award the contract to Trimble on a sole-source basis. We deny the protest. View Decision Decision Matter of:  Technology Advancement Group, Inc. File:  B-417609 Date:  August 8, 2019 Jacqueline M. McEwan, for the protester. Wade L. Brown, Esq., Department of the Army, for the agency. Paul N. Wengert, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the terms of a solicitation for sole-source contract is denied where agency reasonably determined that only the original equipment manufacturer could provide the services and products required.  DECISION Technology Advancement Group, Inc. (TAG), of Dulles, Virginia, a small business, protests the terms of request for proposals (RFP) No. W56HZV-19-R-0034, and the proposed award of a sole-source contract to Trimble, Inc., of Dayton, Ohio, by the Department of the Army, Army Materiel Command, to install Trimble’s grade control capability system equipment and to supply and install additional devices.  The protester argues that the Army unreasonably rejected its capability statement and that the agency lacks a valid legal basis to issue the RFP and award the contract to Trimble on a sole-source basis.  We deny the protest.  BACKGROUND Two earlier procurements are relevant to this protest.  First, the Army purchased engineer rapid airfield construction capability (ERACC) type II devices from Trimble through an order issued under a Marine Corps indefinite-delivery, indefinite-quantity contract.[1]  Second, in July 2018, the Army posted a notice on fbo.gov (the Federal Business Opportunities website) of a proposed sole-source requirements contract award to Trimble for ERACC type II devices[2] and associated services for a 5-year base period and a 1-year option.  TAG challenged the proposed sole-source award to Trimble by filing a protest at our Office.  In response, the Army proposed to take corrective action, which it described as having two parts.  The Army would issue a new sources sought notice, consider any capability statements it received, and decide how to proceed for the long-term requirement.  In addition, the agency stated that it would pursue the award of “a more limited sole-source procurement from Trimble for a reduced quantity of hardware and service[s] to cover a year’s worth of requirements” of particular devices and services.  Letter from Counsel for Army to GAO, Oct. 17, 2018, at 1.  The Army stated that the limited sole-source procurement would be “supported by a new J&A [justification and approval document] and issued in accordance with the requirements of FAR [Federal Acquisition Regulation] Part 6.”  Id.  As a result of the agency’s proposed corrective action, our Office dismissed TAG’s protest as academic.  Technology Advancement Group, Inc., B-416699, Oct. 24, 2018, at 2 (unpublished decision).  On December 3, the Army posted a sources sought/market survey notice on fbo.gov, which the agency subsequently modified several times.  On January 11, 2019, TAG submitted a capabilities statement to the contracting officer, which described the firm and its partner, Leica Geosystems Inc.  The statement explained that TAG could supply Leica’s commercial laser and Global Positioning System machine control system.  Dismissal Request exh. 8, TAG Sources Sought Response, at 1.  The statement also explained TAG’s ability to provide equipment and services to meet the Army’s requirement, and answered a series of specific questions posed by the Army about the firm’s technical and logistical capabilities, cost estimates, and administrative information.  Id.