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B-416704.3 1 (2019-05-06)

handle is hein.gao/gaobadzft0001 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-416704.3

Date:        May 6, 2019

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., 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 denied where the agency
reasonably concluded that the restriction was required by the Berry Amendment.
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 impose a domestic sourcing
requirement on the processing of one of the glove components.

We  deny the protest.

BACKGROUND

The solicitation was issued on July 3, 2018, seeking to award an indefinite-delivery,
indefinite-quantity contract with a 1-year base period and three 1-year option periods for
the order of combat gloves with capacitive capability. 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.

The solicitation included Defense Federal Acquisition Regulation Supplement (DFARS)
clause 252.225-7012, Preference for Certain Domestic Commodities, which

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