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B-285341 1 (2000-08-18)

handle is hein.gao/gaocrptaldb0001 and id is 1 raw text is: -e GeAtOa __Comptroller General of the United States United States General Accounting Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: McGregor Manufacturing Corporation File: B-285341 Date: August 18, 2000 William H. Carroll, Esq., Dykema Gossett, for the protester. Vera Meza, Esq., and Wade Brown, Esq., U.S. Army Materiel Command, 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 The Army reasonably restricted urgent purchase of deswirl ducts-an engine part deployed on helicopters to help prevent heat-seeking missiles from locking on, tracking, and destroying the helicopters while they hover-to the awardee, the original equipment manufacturer, and excluded the protester from competing, where the record establishes an urgent need for the item because the agency had very few of the parts in stock, a large number of the parts were back-ordered, and a number of helicopters for which the part were ordered were not able to perform their missions. Though the protester had been awarded a contract to produce the item more than 3 years earlier, the protester had experienced many performance delays and had not successfully produced even one usable item for the agency by the time the urgent buy was initiated. DECISION McGregor Manufacturing Corporation (McGregor) protests the United States Army Aviation & Missile Command's (AMCOM) issuance of a delivery order to General Electric Company (GE) for deswirl ducts.! The protester contends that the Army unreasonably determined that it had an urgent need for deswirl ducts and, therefore, improperly acquired them from GE on a sole-source basis without allowing McGregor to compete for the contract. 'The delivery order (No. BS72) was issued against a basic ordering agreement between GE and the Air Force.

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