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B-400479 1 (2008-11-20)

handle is hein.gao/gaobadaqp0001 and id is 1 raw text is: JlL A , GA O Comptroller General 7A Accountabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: Smith & Wesson, Inc. File: B-400479 Date: November 20, 2008 John G. Stafford, Esq., Richard L. Moorhouse, Esq., and David Goodwin, Esq., Greenberg Traurig, LLP, for the protester. John F. Renuzzi, Esq., Renuzzi Law Firm, LLP, for Glock, Inc., the intervenor. Vera Meza, Esq., and Caridad Ramos, Esq., Department of the Army, for the agency. Kenneth Kilgour, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest of sole-source solicitation is denied where the record shows that the agency complied with statutory requirements by executing a justification and approval authorizing the use of other than full and open competition procedures, based on the agency's reasonable conclusion that there is only one responsible source that will satisfy the agency's requirement. DECISION Smith & Wesson, Inc. of Springfield, Massachusetts protests as unreasonable the justification and approval (J&A) offered by the U.S. Army Tank-Automotive and Armaments Command (TACOM) to support the award of a sole-source contract to Glock, Inc. of Smyrna, Georgia under solicitation No. W52HO9-08-T-0493 for pistols for delivery to Pakistani security forces. 'The original protest challenged TACOM's intent to award on a sole-source basis, under the foreign military sales (FMS) program, contracts for the purchase of Glock pistols for security forces in Thailand and Pakistan. The agency stated in its report that it was deleting the Thailand requirement and amending the solicitation to reflect that the pistols for Pakistan were being procured on a sole-source basis not through an FMS but with Department of Defense funds. To that end, the agency submitted with its report the J&A that is the subject of this protest. In light of the agency's action, the protester has requested that we recommend payment of its protest costs related to this issue. Under our Bid Protest Regulations, 4 C.F.R. § 21.8(e) (2008), we may recommend that a protester be reimbursed the costs of filing and pursuing a (continued...)

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