Protest That Procurement Was Improperly Restricted to Two Firms

A company protested the award of contracts by the Army on a restricted basis to two firms, contending that it is a qualified producer of the military product procured and should have been included in the competition. The protester argued that an award to it of a portion of the procurement would better serve the purpose of a regulation which provides for a mobilization base in case of a national emergency. The Army reported that the protester would be required to furnish a first article sample for testing before production could begin and that a tight delivery schedule did not permit time for this process. Since the procurement was negotiated pursuant to a regulation which authorizes negotiated awards to firms whose availability as a mobilization base is necessary in case of national emergency, and since the record indicated that the protester could not qualify its product in time to meet agency delivery requirements, the protest was denied.