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B-405644 1 (2011-11-09)

handle is hein.gao/gaobadoip0001 and id is 1 raw text is: G A Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Mistral Security, Inc. File: B-405644 Date: November 9, 2011 Jack Yohe for the protester. Mitzi S. Phalen, Esq., Department of the Navy, for the agency. John L. Formica, Esq., and James A. Spangenberg, Esq., Office of General Counsel, GAO, participated in the decision. DIGEST Agency reasonably awarded a contract on a sole-source basis for urgently needed explosive detection test kits, where the agency determined that only the awardee, whose kits have been tested and approved for use by the agency, and not the protester, whose kits have not been tested or approved by the agency, could timely meet the agency's needs, and the sole-source did not result from a lack of advance procurement planning. DECISION Mistral Security, Inc., of Bethesda, Maryland, protests the issuance of a purchase order on a sole-source basis to Field Forensics, Inc., of Largo, Florida, under solicitation No. N00174-1 I-P-0140, issued by Department of the Navy, for ammonium nitrate identifier test kits, to be used by the Afghan National Police (ANP) and the Afghan National Army (ANA). We deny the protest. The Naval Explosive Ordnance Technology Division (NAVEODTECHDIV) posted a sources sought notice on the Federal Business Opportunities website on July 23, 2008, informing vendors that the agency was seeking commercial-off-the-shelf explosive detection equipment (EDE) capable of determining the presence of explosives in improvised explosive devices (IEDs) that are contained in mail, parcels, cargo, vehicles, and on personnel. Agency Report (AR), Tab 24, Sources Sought for Colorimetric or EDE (July 28, 2008), at 1. The

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