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B-410827 1 (2015-02-23)

handle is hein.gao/gaobadqzh0001 and id is 1 raw text is: L G A 0 Comptroller General _ TWMENWH Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: WKF Friedman Enterprises File: B-410827 Date: February 23, 2015 Matthew Lyon for the protester. Darin Morency, Esq., Defense Logistics Agency, for the agency. Mary G. Curcio, Esq., and David A. Ashen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that requirement to submit offer on an all or none basis is unduly restrictive of competition is denied where approach is necessary due to the uncertainty of the agency's requirements and protester does not demonstrate that the solicitation requirement is clearly unreasonable. DECISION WKF Friedman Enterprises, of Clayton, California, protests the terms of request for proposals (RFP) No. SPRDL1 -1 4-R-0221, issued by the Defense Logistics Agency for track pads for the Abrams tank. WKF asserts that the solicitation the requirement for offers to be submitted on an all or none basis is unduly restrictive of competition. We deny the protest. The solicitation requested offers for 74,274 track pads with an option to purchase 74,274 additional units. RFP at 5, 8. The solicitation required offerors to submit proposals on an all or none basis. Id. at 3. WKF, which submitted an offer for 28,040 track pads, protests that the requirement to propose on an all or none basis is unduly restrictive of competition. In preparing a solicitation, a contracting agency is generally required to specify its needs and solicit offers in a manner designed to achieve full and open competition, so that all responsible sources are permitted to compete. 10 U.S.C. §§ 2304(a)(1), 2305(a)(1)(A). A solicitation may include restrictive provisions or conditions only to the extent necessary to satisfy the agency's needs or as authorized by law.

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