[Protest of Bidder's Unfair Competitive Advantage Under Air Force RFP]
Highlights
A firm protested under an Air Force solicitation for oxygen masks, contending that: (1) another firm had an unfair competitive advantage because the Air Force wrote the solicitation around the other firm's design specifications; (2) it could not submit a competitive proposal because it could not economically retool to timely meet the Air Force's requirements; and (3) the Air Force was effectively conducting an unjustified sole-source procurement. The protester and the other firm were the only approved sources for the required items. GAO held that: (1) the Air Force properly determined that more stringent specifications were required to ensure the safety of the personnel using the masks; (2) the protester failed to prove that the Air Force wrote the solicitation around the other firm's design specifications; (3) the Air Force was not required to equalize the retooling advantage that accrued to the other firm; and (4) the Air Force properly justified conducting an emergency, noncompetitive procurement because it urgently needed the required items. Accordingly, the protest was denied.