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B-270111 1 (1996-02-07)

handle is hein.gao/gaocrptadwn0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision REDACTED DECISION A protected decision was issued on the date below and was subject to a GAO Protective Order. This version has been redacted or approved by the parties involved for public release.. Matter of: Saft America Inc. File: B-270111 Date: February 7, 1996 Richard J. Bednar, Esq., Crowell & Moring, for the protester. Alan Grayson, Esq., and Victor Kubli, Esq., for BlueStar Battery Systems; Norman Steiger, Esq., for Power Conversion, Inc., intervenors. Richard A. Couch, Esq., Vera Meza, Esq., and John J. Reynolds, Esq., Department of the Army, for the agency. Peter A. Iannicelli, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Contracting officer reasonably determined that the protester was nonresponsible to supply large quantities of urgently needed batteries for communications-electronics equipment used by soldiers where the determination was based on the protester's delinquent deliveries under two recent contracts for similar items, the agency has received a number of reports from soldiers in the field that batteries previously supplied by the protester may vent toxic materials, and the Army has frozen its supply of the protester's batteries until the problem is corrected so as to prevent injuries to soldiers. DECISION Saft America Inc. (Saft) protests the Department of the Army's determination that it was nonresponsible to perform a contract under invitation for bids (IFB) No. DAAB07-95-B-G346, for supplying batteries for military applications. We deny the protest. On September 20, 1996, the Army's Communications-Electronics Command (CECOM) issued the IFB for 408,000 urgently needed BA-5590/U nonrechargeable lithium sulfur dioxide batteries. The BA-5590/U battery is a small, lightweight battery that is the primary power source for approximately 50 different types of portable communications-electronics equipment used by soldiers. As the procurement was conducted using accelerated procedures, CECOM orally solicited bids from the only two firms that had produced the battery for the Army previously, 102034

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