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B-416704,B-416704.2 1 (2018-11-19)

handle is hein.gao/gaobadvhm0001 and id is 1 raw text is: GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States DOCUMENT FOR PUBLIC RELEASE Decision The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Matter of: Mechanix Wear, Inc. File: B-416704; B-416704.2 Date: November 19, 2018 Frank S. Murray, Esq., David T. Ralston, Jr., Esq., Micah T. Zomer, Esq., and Krista A. Nunez, Esq., Foley & Lardner LLP, for the protester. Allison Colsey Eck, Esq., and Michael D. McPeak, Esq., Defense Logistics Agency, for the agency. Alexander 0. Levine, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging solicitation's domestic source restriction is sustained where the item being restricted qualified for an exception to the Berry Amendment, and where the agency fails to otherwise establish the reasonableness of its need for the restriction. DECISION Mechanix Wear, Inc., a small business located in Valencia, California, challenges the terms of request for proposals (RFP) No. SPE1 C1-1 8-R-0093, issued by the Defense Logistics Agency (DLA) for the procurement of Army combat gloves with capacitive capability, i.e., the capability to be used with touchscreens. The protester contends that the solicitation improperly applied the Berry Amendment to require the combat gloves be made with domestic leather. In the alternative, the protester contends that the agency failed to conduct adequate market research before applying this restriction. We sustain the protest. BACKGROUND The solicitation was issued on July 3, 2018, seeking the award of an indefinite-delivery, indefinite-quantity contract with a 1-year base period and three 1-year option periods for the order of gloves with capacitive capacity. RFP at 9. The solicitation anticipated an estimated quantity of 200,000 pairs of gloves in the base period and 210,000 pairs for each option period. Id. at 13. The total number of gloves that could be potentially acquired under the resulting contract was 1,037,500 pairs. Id.

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