[Request for Reconsideration of Decisions Dismissing Protests of Two Army Procurements]

B-216312.2,B-218108.2,B-218244.2: Jun 12, 1985

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A firm requested reconsideration of decisions dismissing one protest and denying another protest, alleging that the Army reissued two cancelled solicitations for foreign military sales (FMS) to Egypt. In its request for reconsideration, the protester alleged that: (1) there exists no authority for the procuring agency to honor an FMS customer's request for a particular source unless the circumstances justify the issuance of a sole-source contract in any event; and (2) the decision upholding the customer's brand name specifications request ignored the fact that the Army initially developed the specifications improperly. GAO noted that pertinent Federal Acquisition Regulations expressly provide that a contracting officer shall honor an FMS customer's request for sole-source prime and subcontracts. GAO found that: (1) the FMS customer's request was documented in writing before the contracting officer limited competition; and (2) the requirement to honor an FMS customer request for a particular source provided a limited exception to the general requirement for competition. GAO would not consider whether the Army's impropriety denied Egypt or other FMS customers the prerogative to request brand name items unless it was shown that the Army acted in bad faith to preclude the protester from competing. Accordingly, since the protester failed to present any basis warranting the reversal or modification of the prior decisions, the prior decisions were affirmed.

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