[Protest of Army Contract Award for Gas Mask Filter Canisters]

B-235441: Sep 6, 1989

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A firm protested an Army contract award and a subsequent contract modification for gas mask filter canisters, contending that the: (1) awardee failed to obtain permission for use of government-furnished equipment; and (2) contract modification constituted an improper noncompetitive award which resulted from the Army's lack of advance planning. GAO held that: (1) the solicitation specified that the awardee could use the equipment for contract performance; and (2) a bid protest and lack of available funds caused the Army to delay its procurement and require a contract modification to obtain quantities the awardee would have supplied under the original contract. Accordingly, the protest was denied.

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