Summary

AN AGENCY VIOLATED THE STATUTORY REQUIREMENT FOR ADEQUATE PRESOLICITATION NOTICE OF PROPOSED CONTRACT ACTIONS BY PUBLISHING A SYNOPSIS OF ITS INTENT TO ISSUE A SOLE-SOURCE SOLICITATION WHICH ONLY IDENTIFIED TWO OUT OF 15 ITEMS TO BE ACQUIRED AND GAVE NO INDICATION THAT THERE WERE OTHER ITEMS BEYOND THE TWO DESCRIBED. THE SOLE-SOURCE AWARD OF CERTAIN ITEMS TO THE ONLY KNOWN APPROVED SOURCE WAS PROPER UNDER THE "COMPELLING URGENCY" EXCEPTION OF 10 U.S.C. SEC. 2304(C)(2) WHERE THE ITEMS WERE INDEED CRITICAL AND WHERE THE AGENCY HAD NEITHER THE DATA NEEDED TO PROCURE THE ITEMS COMPETITIVELY NOR THE TIME NECESSARY TO QUALIFY A NEW SOURCE. THE PROCUREMENT WAS FOR THE ACQUISITION OF SPARE PARTS APPLICABLE TO THE C-130 AIRCRAFT AND WAS AWARDED TO HAMILTON STANDARD ON A SOLE- SOURCE BASIS.