[Request for Advance Decision on Protest Under Army IFB]

The Army requested an advance decision concerning a protest filed against an Army Communications-Electronics Command contract award. The protester contended that the awardee was ineligible because its product failed to meet the solicitation's commerciality requirements. The Army decided to independently test the awardee's product to determine whether it met all of the requirements. Although the awardee complained to GAO that this action was unnecessary and improper, GAO held that it does not resolve such disputes because a contracting agency can best define its needs and the most appropriate method to accommodate them. GAO held that, considering the conflicting evidence in the dispute, the Army acted reasonably in re-testing the product. The protester also argued that the awardee improperly quoted the same price for the basic units and the optional quantities. GAO noted that, since the solicitation did not require a breakdown of prices, the allegation had no merit.