[Request for Reconsideration of Decision Concerning Protest Against Army Contract Award]

B-224022.2,B-224027.3,B-224027.4,B-224028.2: Apr 9, 1987

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The Army and two firms requested reconsideration of a decision which sustained protests against the Army's contract awards for ski bindings and boots, but denied their protests against the awards for ski poles and skis. In their requests for reconsideration, the: (1) first protester contended that, because GAO applied the wrong test, it incorrectly determined that there was inconclusive evidence concerning whether the Army requested boot samples from another offerer; (2) Army argued that the contracting official requested all offerers to submit samples for bindings; and (3) second protester contended that its proposal for ski poles included a general offer to meet all specifications. GAO held that: (1) it would not presume that the Army's version of events was correct in the Army's dispute with the firm concerning boot samples, since the Army failed to request or confirm in writing its oral request for samples; (2) the Army unreasonably rejected a technical proposal for boots, since the proposal described equipment that was equal to the Army's specifications; (3) the Army improperly excluded two firms from the competitive range for the bindings, since it failed to request samples from the firms; and (4) the Army reasonably rejected the firm's proposal for ski poles, since it failed to demonstrate compliance with specification requirements. Accordingly, the original decision was affirmed.