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B-270536 1 (1996-03-18)

handle is hein.gao/gaocrptadzm0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Polar Power, Inc. File: B-270536 Date: March 18, 1996 Arthur D. Sams for the protester. Vera Meza, Esq., and Brian Toland, Esq., Department of the Army, for the agency. Robert C. Arsenoff, Esq., and Paul E. Jordan, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Sole source award is unobjectionable where the contracting agency has an urgent requirement for generators and has reasonably determined that there is insufficient time to approve additional sources, and the urgency did not arise as the result of a lack of advance planning. DECISION Polar Power, Inc. protests the proposed sole source award of a contract for 2 kilowatt (kW) generator sets to Mechron Energy Systems, Ltd. by the Department of the Army. Polar principally alleges that the agency lacks sufficient justification for a sole source procurement. We deny the protest. On November 3, 1995, the agency published an announcement, DAAKO1-96-R-0031, in the Commerce Business Daily (CBD), stating that it was awarding a sole source contract to Mechron for 600 2kW alternating current (AC) generator sets and 50 2kW direct current (DC) generator sets for delivery beginning in February 1996 and ending in April of that year. The announcement further provided that the acquisition was under urgent and compelling circumstances and that the time required for approval of new suppliers is such that award and delivery cannot be delayed pending approval of new sources. The announcement also indicated that the government intended to issue a fully competitive solicitation for additional sets in January 1996. The acquisition was supported by a justification and approval (J&A) prepared pursuant to 10 U.S.C. § 2304(c)(2) (1994). In 1988 and 1989, the Army began to experience problems with the operational readiness of its field-deployed standard 3kW and less than 3kW (.05kW and 1.5kW) generator sets because they were becoming obsolete and unreliable. In 1989, a 1143315

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