[Protests of Army Contract and Subcontract Awards for Intercoms]

B-250699,B-250699.3,B-250699.6,B-250699.7: Feb 17, 1993

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A firm protested an Army Tank-Automotive Command (TACOM) subcontract award and an Army Communications-Electronics Command (CECOM) contract award for intercoms, contending that: (1) CECOM allowed the awardee an improper competitive advantage by giving it information at allegedly secret meetings; (2) CECOM excluded it from the meetings because it had an Israeli licensor and thereby participated in an illegal boycott of Israel; (3) the Army intended to meet TACOM foreign military sales (FMS) requirements by exercising options under the CECOM contract; and (4) the Army failed to follow mandatory FMS procedures in the TACOM award. GAO held that: (1) the Army received proper written direction from Saudi Arabia, the FMS purchaser, in making the sole-source designation; (2) there was no evidence of an illegal boycott of Israel; (3) CECOM did not treat bidders unequally, since the meetings were not secret and the Army showed no bias in favor of the awardee; (4) the awardee did not have an unfair competitive advantage by knowing of the subcontract award, since that award was proper; and (5) the awardee did not violate procurement integrity requirements, since it did not receive any improper information. GAO also held that a firm which also protested the CECOM award on similar grounds was not sufficiently interested to protest, since it had been eliminated from the competitive range. Accordingly, the protests were denied.

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