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B-292944,B-292944.2,B-292944.3 1 (2003-12-24)

handle is hein.gao/gaobacynq0001 and id is 1 raw text is: I G A 0 Comptroller General ........ Accountability * Integrity * Reliability of the United States United States General Accounting 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. Decision Matter of: Kilgore Flares Company File: B-292944; B-292944.2; B-292944.3 Date: December 24, 2003 Michael B. Hubbard, Esq., Joseph J. Dyer, Esq., and Robert F. Pezzimenti, Esq., Seyfarth Shaw, for the protester. Ronald K. Henry, Esq., Kaye Scholer, for FR Countermeasures, Inc.; and Richard W. Oehler, Esq., and Eric A. Aaserud, Esq., Perkins Coie, for Armtec Defense Products Company, intervenors. Rick Martinelli, Esq., Department of the Navy, for the agency. Ralph 0. White, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Contention that agency wrongly rejected protester's offer after determining that the protester was nonresponsible is denied where the record shows that the agency reasonably concluded that protester had not clearly established that it could meet the solicitation's delivery schedule. DECISION Kilgore Flares Company protests the determination that it is not a responsible offeror, and the resulting rejection of its lowest-priced offer, by the Department of the Navy under request for proposals (RFP) No. N00104-03-R-K054, issued to procure two types of flare decoys--known as MJU-38B and MJU-32B flares (hereinafter, the 38B and 32B flares)--for use as countermeasures for aircraft under attack by heat- seeking missiles. In finding that Kilgore is not a responsible offeror, the Navy concluded, primarily, that Kilgore could not meet the delivery schedules here; Kilgore argues that the agency's determination lacks a reasonable basis. We deny the protest. BACKGROUND The manufacture of flare decoys involves assembling highly explosive and unstable materials. Many of the firms that build these flares have experienced catastrophic explosions resulting in plant shutdowns, missed deliveries and sometimes, loss of

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