About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-288107 1 (2001-09-21)

handle is hein.gao/gaocrptamrg0001 and id is 1 raw text is: G A 0 Comptroller General SIntegrity Reliability of the United States ~ccountabthty Inert Rea iy United States General Accounting Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: Signals & Systems, Incorporated File: B-288107 Date: September 21, 2001 George W. Ash, Esq., Hilary S. Cairnie, Esq., and Andrew Starr, Esq., Dykema Gossett, for the protester. Lynda Troutman O'Sullivan, Esq., and Jeffrey C. Walker, Esq., Miller & Chevalier, for KDS Controls, Inc., the intervenor. Jeffrey I. Kessler, Esq., Craig E. Hodge, Esq., and Capt. Philip C. Mitchell, Department of the Army, for the agency. Guy R. Pietrovito, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest of an agency's justification for a noncompetitive procurement on the basis of unusual and compelling urgency is sustained, where the agency sought to buy enough engine electrical start systems to replace an earlier, vehicle control unit system that could no longer be used due to safety considerations and the agency did not know, and made no reasonable effort to discover, how many vehicle control units would have to be replaced. 2. An agency failed to conduct reasonable advanced procurement planning, where, despite knowing of safety concerns with a vehicle control system that would have to be replaced, the agency took nearly 2 years to draft performance specifications that it intended to use to conduct a competitive procurement. DECISION Signals & Systems, Incorporated (SSI) protests the Department of the Army's sole-source award of a contract to KDS Controls, Inc. under solicitation No. DAAE07-01-R-S098 for engine electrical start systems (EESS) for the High Mobility Multi-Wheeled Vehicle (HMMWV). SSI contends that the Army does not have the claimed unusual and compelling urgency justifying the noncompetitive award to KDS and that, even if the record establishes urgency, the Army purchased more units from KDS than was necessary to meet its urgent requirements. SSI also

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most