Global Military Products, Inc. (W519TC-23-R-0122)

B-423175.2 Feb 25, 2025 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Global Military Products, Inc. (GMP), a small business of Tampa, Florida, protests the Department of the Army, U.S. Army Materiel Command's method for awarding sole-source contract No. W519TC-25-F-0015, to Repkon USA Defense LLC, also located in Tampa, Florida, for the design, construction, and commissioning of a domestic trinitrotoluene (TNT) facility. The protester primarily argues that the agency improperly relied on extraordinary authority to award the contract without full and open competition. We deny in part, and dismiss in part, the protest. View Decision Decision Matter of: Global Military Products, Inc. File: B-423175.2 Date: February 25, 2025 Kevin T. Barnett, Esq., Stephen E. Ruscus, Esq., Kaitlyn E. Toth, Esq., Jennifer G. Solari, Esq., and Ariella Cassell, Esq., Baker & Hostetler LLP, for the protester. Damien C. Specht, Esq., James A. Tucker, Esq., and Brian E. Doll, Esq., Morrison & Foerster LLP, for the intervenor, Repkon USA Defense LLC. Debra J. Talley, Esq., Wade L. Brown, Esq., Brian Tuftee, Esq., and Jessica Weiford, Esq., Department of the Army, for the agency. Jacob M. Talcott, Esq., Heather Weiner, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the agency’s award of a sole-source contract pursuant to temporary acquisition authority is denied where the record demonstrates the agency’s written determination and findings (D&F) was sufficient to support the use of the authority for other than full and open competitive procedures. DECISION Global Military Products, Inc. (GMP), a small business of Tampa, Florida, protests the Department of the Army, U.S. Army Materiel Command’s method for awarding sole-source contract No. W519TC-25-F-0015, to Repkon USA Defense LLC, also located in Tampa, Florida, for the design, construction, and commissioning of a domestic trinitrotoluene (TNT) facility. The protester primarily argues that the agency improperly relied on extraordinary authority to award the contract without full and open competition. We deny in part, and dismiss in part, the protest. BACKGROUND On September 28, 2023, the Army published a sources sought notice via the System for Award Management (SAM), seeking information from interested sources for the design, construction, and commissioning of a TNT (2,4,6-trinitrotoluene) production facility within the continental United States (CONUS).[1] AR, Tab 11, Sept. 28 Notice at 3. The notice stated that the targeted production capacity is five to fifteen million pounds of TNT per year. Id. On December 19, 2023, the Army published an updated sources sought notice on SAM that refined the information being sought. AR, Tab 14, December 19 Notice. This notice indicated that the Army considered schedule to be of primary importance, with a preference for completion of construction and commissioning within 36 months of contract award, and a no-later-than completion date of 48 months after award. Id. at 4. On February 20, 2024, GMP responded to the notice. On June 7, 2024, the Army again updated the sources sought notice, stating that the Government “intends to utilize the information submitted in response to this sources sought notice to make a non-competitive, sole source contract award(s) under the temporary acquisition authorizations provided in Class Deviation 2024-O0005, paragraph B(1), for covered contracts related to Ukraine, Taiwan, and Israel.”[2] AR, Tab 19, June 7 Notice at 3. The notice also provided that the agency “intends for this sole source action to include a contract(s) for the design, construction, and commissioning of the TNT facility, as well as follow-on production.” Id. GMP provided the agency with information to supplement its February 2024 sources sought response on June 11, 2024 (responding to the agency’s questions about company owned company operated (COCO) options), June 28, 2024 (addressing developments since the February submission, additional details for situational awareness, and an updated schedule), and July 25, 2024 (providing additional information regarding discussions held with United States-based companies to enable supporting a COCO model for the TNT facility). See Protest at 4‑5. On August 19, 2024, the agency issued an addendum to the sources sought notice, advising that the agency “intends to assess and compare the information submitted in response to the sources sought (including all updates) and thereon make a determination as to which technology, technology provider, teaming arrangement, and facility location, as well as other aspects logically encompassed therein, would be in the public’s best interest for the award and execution of a sole source contract for the design, build, and commissioning of a TNT facility.” AR, Tab 22, August 19 Notice at 3.