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B-274059 1 (1996-11-18)

handle is hein.gao/gaocrptaekq0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Mossberg Corporation File: B-274059 Date: November 18, 1996 William A. Davis, Esq., Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, for the protester. Robert J. Brown, Esq., Douglas S. Wood, Esq., and Michael K. Cameron, Esq., Department of Justice, for the agency. Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest against solicitation requirements relating to construction and safety of shotguns is sustained where record does not establish that requirements are necessary to meet agency's minimum needs; although agencies properly may set requirements relating to human safety so as to achieve the highest possible reliability and effectiveness, the requirements must nonetheless be reasonable and withstand logical scrutiny. DECISION Mossberg Corporation protests the terms of request for proposals (RFP) No. HQ-96- 19, issued by the United States Department of Justice, Immigration and Naturalization Service (INS), for a quantity of shotguns. Mossberg maintains that certain of the RFP's requirements unduly restrict competition and are unnecessary for the agency to satisfy its minimum needs. We sustain the protest. The RFP contemplates the award of a fixed-price, indefinite delivery/indefinite quantity contract for shotguns that will be used by the agency's border patrol agents. At issue in this protest are two aspects of the specifications: the construction of the guns' receiver, and the type of safety mechanism to be employed. Mossberg maintains that these aspects of the specifications preclude it from competing for the requirement. 11421118

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