Smiths Detection, Inc. (70T04021R7672N041;70T04021R7672N042)

B-420110,B-420111 Nov 05, 2021 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Smiths Detection, Inc., of Edgewood, Maryland, challenges the terms of requests for proposals (RFP) Nos. 70T04021R7672N041 and 70T04021R7672N042, issued by the Department of Homeland Security, Transportation Security Administration (TSA), for checkpoint property screening computed tomography systems. Smiths alleges that the agency's requirement for offerors to have their systems added to the agency's qualified products list (QPL) by January 4, 2022, is unduly restrictive of competition. We deny the protests in part and dismiss in part. 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:  Smiths Detection, Inc. File:  B-420110; B-420111 Date:  November 5, 2021 Jonathan D. Shaffer, Esq., and Ashley N. Amen, Esq., Smith Pachter McWhorter PLC, for the protester. Christopher J. Reames, Esq., Tom McGivern, Esq., and Michael Kiffney, Esq., Department of Homeland Security, 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 1.  Protest challenging an agency’s requirement for offerors’ products to be added to the agency’s qualified products list (QPL) by January 4, 2022, in order to be eligible for award as unduly restricting competition is denied where the qualification deadline is reasonable and consistent with the agency’s legitimate needs. 2.  Protest alleging that the agency may engage in a de facto sole-source procurement by requiring that eligible products be added to the agency’s QPL by January 4, 2022, and that the agency has unreasonably delayed the protester’s ability to qualify by that date are dismissed as premature where the protester’s products currently remain eligible for qualification. DECISION Smiths Detection, Inc., of Edgewood, Maryland, challenges the terms of requests for proposals (RFP) Nos. 70T04021R7672N041 and 70T04021R7672N042, issued by the Department of Homeland Security, Transportation Security Administration (TSA), for checkpoint property screening computed tomography systems.  Smiths alleges that the agency’s requirement for offerors to have their systems added to the agency’s qualified products list (QPL) by January 4, 2022, is unduly restrictive of competition. We deny the protests in part and dismiss in part. BACKGROUND TSA is responsible for protecting the country’s transportation systems.  In order to meet its mission within the aviation transportation environment, TSA implements technology and processes utilized in and near the passenger screening checkpoint to deter and mitigate existing and evolving risks and threats, and employs multiple resources to screen passengers and their carry-on baggage.  TSA currently uses advanced technology (AT) x-rays as the primary screening system at passenger screening checkpoints.  The existing systems, however, have become increasingly limited in terms of their ability to reliably and efficiently detect new and evolving threats.  Agency Report (AR), Tab 11, Acq. Plan, at 892.[1]  TSA estimates that there are more than 2,000 AT systems fielded at more than 450 airports nationwide that are nearing the end of their estimated useful lifespan of ten years and will need to be replaced.  Id. at 894. As an improvement to the existing AT systems, TSA intends to acquire and utilize computed tomography (CT) systems, which utilize x-ray imaging technology and sophisticated computer algorithms to develop a three dimensional image, to conduct checkpoint screening of carry-on bags at U.S. airports.  When passengers submit their property for screening, a series of rolling tables and conveyors direct the property through the CT system where multiple x-ray images are captured and assembled into a three dimensional image.  CT technology allows for a more thorough visual analysis by transportation security officers and the detection of a broader range of threats without having to open passenger bags.  See Memo. of Law, exh. A, Program Manager Decl., ¶¶ 8-9; L3 Security and Detection Sys., Inc., B-417463, B‑417463.2, July 8, 2019, 2019 CPD ¶ 248 at 1-2.  TSA has already acquired 300 CT systems for high-risk airports from the protester, with deployments occurring between November 2019 and April 2021.  Memo. of Law, exh.