About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-414932 1 (2017-10-13)

handle is hein.gao/gaobadtxh0001 and id is 1 raw text is: 



GAOU.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:   W K Engineering International, Inc.

File:        B-414932

Date:        October 13, 2017

Jonathan R. Hickman, Esq., Esquire Corporate Services, LC, for the protester.
Ashley M. Kelly, Esq., Defense Logistics Agency, for the agency.
Elizabeth Witwer, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST

1. Where a protester is not an approved source for items requiring source approval,
protester is not an interested party to challenge the issuance of a purchase order for
those items.

2. Protest alleging that agency unreasonably restricted competition for a critical
application item to one approved source is dismissed as untimely where the protest
ground was not raised before the closing date for receipt of quotations.
DECISION

W K Engineering International, Inc. (WKE), a small business located in Santa Clarita,
California, protests the issuance of a purchase order to AMI Industries, Inc. (AMI),
of Colorado Springs, Colorado, under request for quotations (RFQ) No. SPE4A7-17-
T-H866, issued by the Defense Logistics Agency (DLA) for headrest pad assemblies
associated with aircraft ejection seats. The protester contends that the award to AMI
was improper because the protester's quotation was lower-priced and offered a shorter
delivery period. The protester also contends that the solicitation unreasonably restricted
competition to those quotations submitted by the approved source of supply.

We dismiss the protest.

BACKGROUND

On June 7, 2017, DLA issued the RFQ on DLA's Internet Bid Board System (DIBBS)
requesting quotations to supply 162 headrest pad assemblies, identified by national
stock number (NSN) 1680-01-053-3072. RFQ at 8, 9. The solicitation also contained a

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:

Already a HeinOnline Subscriber?

profiles profiles most