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[Protest of Air Force Contract Award]

B-211299 Published: Apr 22, 1983. Publicly Released: Apr 22, 1983.
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Highlights

A firm protested an Air Force contract award issued under a request for quotations for a quantity of aircraft seats. The protester argued that: (1) the aircraft seats should have been procured on a sole-source basis from the protester as the only approved source for this item; and (2) the awardee did not have the ability to perform the contract. GAO held that: (1) while Defense Acquisition Regulations allow a purchasing activity to solicit only approved suppliers of source-controlled parts, the regulations do not preclude consideration of unapproved sources that can qualify their products; and (2) it does not review affirmative determinations of responsibility absent a showing of possible fraud or bad faith or misapplication of definitive responsibility criteria. Accordingly, the protest was dismissed in part and denied in part.

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Air Force procurementBidder responsibilityContract award protestsSole source procurementAircraft acquisition programU.S. Air ForceAir Force purchasingDefense AcquisitionBreach of contractIntellectual property rightsProcurement