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B-270517 1 (1996-03-14)

handle is hein.gao/gaocrptadzj0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Alpha Q, Inc. File: B-270517 Date: March 14, 1996 Richard Degen, Esq., for the protester. Craig E. Hodge, Esq., and Tina Marie Pixler, Esq., Department of the Army, for the agency. Christina Sklarew, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency need not solicit a proposal from a company whose critical flight safety part had not yet been fatigue-tested, where the agency's needs are urgent so that the procurement could not be delayed until the product had been tested. DECISION Alpha Q, Inc. protests the proposed issuance of request for proposals (RFP) No. DAAJ09-96-R-0025 on a restricted basis by the Army Materiel Command/Army Aviation and Troop Command (ATCOM) for a quantity of helicopter parts. Alpha argues that the RFP, which ATCOM intends to issue to the only two tested sources, improperly restricts competition, and that the agency has improperly delayed testing Alpha's product, thereby preventing the firm from competing. We deny the protest. The RFP will seek offers for housing assemblies for the UH-60 (Blackhawk) helicopter. The housing assembly is designated a flight safety part because failure of the assembly could result in loss of the aircraft with possible loss of life and injury to the air crew. ATCOM has declared its intention to limit competition under the RFP to the only two firms that are approved sources and whose assemblies have been fatigue-tested, Sikorsky Aircraft Corporation and the Purdy Corporation. The agency initially executed a justification and approval limiting the procurement to the sole available source, Sikorsky, citing 10 U.S.C. § 2304(c)(1) (1994) and Federal Acquisition Regulation § 6.302-1, and later decided to include Purdy after Purdy's assembly had been tested. The restricted procurement also is supported by a statement of urgency that projected a zero inventory balance in December 1995, based on the anticipated rate of use and the current inventory for the item. 1130314

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