[Protest of Delivery Requirement in Army RFP]

B-213046: Dec 27, 1983

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A firm protested a 90-day delivery requirement for qualification hardware under an Army solicitation for radio-controlled miniature aerial targets (RCMAT), contending that the delivery requirement for approval testing was unduly restrictive because only the current producer of the hardware could meet it. The protester argued that several months from the date of award were needed to deliver the initial qualification RCMAT hardware. The protester also contended that the solicitation should guarantee a minimum Government order of RCMAT's rather than an estimate. Regarding the first contention, GAO noted that the Army received 13 proposals under the solicitation and only the protester questioned the delivery schedule. Since the contracting agency has the primary responsibility for determining its minimum needs and drafting requirements, GAO does not question agencies' decisions absent clear evidence that they are arbitrary or unreasonable. As to the Army's guaranteeing a minimum order of RCMAT's, GAO has held that it is within the ambit of administrative discretion to offer the competition a proposed contract imposing maximum risks upon the contractor and minimum administrative burdens on the agency. Accordingly, the protest was denied.