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B-405423 1 (2011-10-25)

handle is hein.gao/gaobadoil0001 and id is 1 raw text is: 




S         G     A   O                                                   Comptroller General
7.r7777 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                          ......................................................................................................................


           Matter of: Outdoor Venture Corporation

           File:       B-405423

           Date:       October 25, 2011

           Marc Lamer, Esq., Kostos & Lamer, PC, for the protester.
           Jessica Abrahams, Esq., McKenna Long & Aldridge LLP, for the intervenor.
           Michael P. Wilson, Esq., Defense Logistics Agency, for the agency.
           Frank Maguire, Esq., and Scott H. Riback, Esq., Office of the General Counsel, GAO,
           participated in the preparation of the decision.
           DIGEST

           Protest challenging sole-source award for tents is denied where agency sole-source
           justification reasonably determined that award was necessary for industrial
           mobilization purposes.
           DECISION

           Outdoor Venture Corporation (OVC) of Stems, Kentucky, protests the award of
           contract No. SPMIC1-11-C-0019 for lightweight maintenance enclosures (LMEs) by
           the Defense Logistics Agency (DLA), on a sole-source basis to Camel Manufacturing
           Company of Pioneer, Tennessee. The sole-source award was justified under
           10 U.S.C. § 2304(c)(3) (2006), which provides for award of a contract to a particular
           source to maintain the source for a national emergency or to achieve industrial
           mobilization. See also Federal Acquisition Regulation (FAR) § 6.302-3. The
           protester asserts that it should have received an award, since it produces the
           required items and is in need of support to maintain its production capability.

           We deny the protest.

           In a 2007 study, DLA identified seven firms in the relevant industrial base for LMEs
           and other military tent requirements, including OVC and Camel. Agency Report
           (AR), exh. 3, at 1. The study found that five concerns, including Camel and OVC,
           were heavily dependent on DLA business, that the manufacture of tents was labor
           intensive and used a highly skilled workforce, and that the firms all faced challenges
           in retaining their respective workforces. Id. Based on this analysis, DLA began

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