About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-417917 1 (2019-12-04)

handle is hein.gao/gaobaeajy0001 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 The decision issued on the date below was subject to Decision a GAO Protective Order. This redacted version has been approved for public release. Matter of: SSI Technology, Inc. File: B-417917 Date: December 4, 2019 Bret Wacker, Esq., Clark Hill PLC, for the protester. Frank V. Reilly, Esq., for Fischer Panda Generators, the intervenor. Matthew R. Wilson, Esq., and Joseph M. O'Connell, Esq., Department of the Army, for the agency. Young H. Cho, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the justification and approval in support of the agency's notice of intent to issue a sole-source contract based on unusual and compelling urgency is denied for failure to establish competitive prejudice where, after the protest was filed, the agency provided the protester an opportunity to be considered for the procurement and reasonably determined that the protester was not capable of meeting the agency's urgent needs. DECISION SSI Technology, Inc. (SSI), of Sterling Heights, Michigan, protests a notice of intent to award a sole-source contract to Fischer Panda Generators (Fischer Panda), of Pompano Beach, Florida, pursuant to solicitation No. W56HZV-19-R-0050, issued by the Department of the Army, U.S. Army Materiel Command, for auxiliary power units (APU). The protester challenges the agency's justification and approval (J&A) supporting the proposed sole-source contract and the agency's stated need that first article testing (FAT) is required for the procurement despite not requiring FAT for Fischer Panda. We deny the protest. BACKGROUND The APUs had previously been produced by Minowitz Manufacturing Company for the Army under a contract awarded in 2015. Agency Report (AR), Tab 3, J&A, at 1. On

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most