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B-418687 1 (2020-07-17)

handle is hein.gao/gaobaeblo0001 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: Perimeter Solutions File: B-418687 Date: July 17, 2020 John G. Horan, Esq., and Lauren N. Olmstead, Esq., Faegre Drinker Biddle & Reath LLP, for the protester. David T. Ralston Jr., Esq., Frank S. Murray, Esq., and Julia DiVito, Foley & Lardner LLP, for the intervenor. Debra J. Talley, Esq., and Timothy R. Pyzik, Esq., U.S. Army Materiel Command, for the agency. Scott H. Riback, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest alleging that awardee is not an authorized distributor of the solicited product is denied where record fails to establish that either the protester or awardee are authorized distributors as the term is used in the solicitation, and both parties appear to have contractual arrangements that, if enforced, would enable them to provide the solicited product; whether the parties abide by their respective contractual arrangements is a matter between private parties not for consideration by Government Accountability Office. DECISION Perimeter Solutions, of Clayton, Missouri, protests the award of a contract to ICL-IP America, Inc., of Saint Louis, Missouri, under request for proposals (RFP) No. W52P1 J20R3006, issued by the Department of the Army for a quantity of white phosphorus produced by Monsanto. Perimeter argues that ICL-IP is not an authorized distributor of the solicited product. We deny the protest. There are very few relevant facts surrounding this protest, and only a single issue for our consideration. The RFP contemplates the award of a 5-year, indefinite-delivery, indefinite-quantity, fixed-price contract for white phosphorus produced by Monsanto Company to the firm submitting the lowest overall price. RFP at 46. The record shows

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