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[Protest of Exclusion From Competition Under Army RFP for Infrared Flares Procurement]

B-219803 Published: Nov 01, 1985. Publicly Released: Nov 01, 1985.
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Highlights

A firm protested the Army's restriction of an advertised solicitation to five mobilization base producers, contending that it was a qualified manufacturer and, by not permitting it to compete, the Army violated the Competition in Contracting Act. The protester asked GAO to recommend that it be added to the mobilization base and allowed to compete for the contract. The Army stated that the protester was not included in the mobilization base for the product because it saw no need to expand the existing base, and the solicitation was restricted to maintain the base. In a similar decision, GAO held that: (1) there is no legal requirement that all qualified firms be accepted as mobilization base producers; and (2) the protester failed to show an abuse of agency discretion in deciding how many firms to include in the mobilization base. Accordingly, the protest was denied.

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Advertised procurementArmy procurementBid protestsDefense contingency planningDefense industryMobilization