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B-406139 1 (2012-02-02)

handle is hein.gao/gaobadooh0001 and id is 1 raw text is: G A O0 Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. D e c i s i o n L .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . .. Matter of: Kilgore Flares Company, LLC File: B-406139 Date: February 2, 2012 Kevin P. Connelly, Esq., Joshua C. Drewitz, Esq., Kelly E. Buroker, Esq., and Caroline A. Keller, Esq., Seyfarth Shaw LLP, for the protester. Richard W. Oehler, Esq., William J. Bainbridge, Esq., and Lee P. Curtis, Esq., Perkins Coie LLP, for Armtec Countermeasures Co., an intervenor. Gary P. Van Osten, Esq., Department of the Navy, for the agency. Tania Calhoun, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency properly found protester nonresponsible to perform contract for the manufacture of flares where the record reflects outstanding concerns relating to the safety of the firm's manufacturing facility. DECISION Kilgore Flares Company, LLC, of Toone, Tennessee, protests the Department of the Navy's determination that Kilgore was not responsible to provide the requirements under request for proposals (RFP) No. N001 04-11 -R-K071, issued by the Navy for the provision of SM-875B/ALE infrared simulator flares to support the Navy's Airborne Expendable Training Countermeasures Program. Kilgore argues that the nonresponsibility determination was unreasonable. We deny the protest. BACKGROUND The solicitation, issued June 7, 2011, contemplated the award of a fixed-price, indefinite-delivery/indefinite-quantity contract for an estimated 574,000 flares. The flares are used to train aircrews in the handling and use of airborne expendable infrared countermeasures. Agency Report (AR), Exhibit (Exh.) 3, Business Clearance Memorandum (BCM), at 2. The guaranteed minimum to be ordered

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