[Protest of Army Contract Award for Dynamometers]

A firm protested two Army sole-source contract awards to another firm for dynamometers for foreign military resale, contending that the Army: (1) did not have adequate authorization from the foreign governments to procure the required items noncompetitively; (2) did not follow Department of Defense (DOD) procedures because it did not obtain procurement requests from the foreign governments before it proceeded with the procurements; and (3) failed to publish notice of the procurements. GAO held that: (1) a standard DOD form that the Army executed for each procurement provided sufficient authorization for the sole-source procurements; (2) the DOD procedures that the Army violated did not have the force of law, and the Army's violation of them did not provide a basis for protest; and (3) since the procurements were for foreign-military-resale items, the Army was not required to publish notice of them. Accordingly, the protests were denied.