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B-270111.2 1 (1996-02-12)

handle is hein.gao/gaocrptadwm0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: BlueStar Battery Systems Corporation File: B-270111.2; B-270111.3 Date: February 12, 1996 Alan Grayson, Esq., and Victor Kubli, Esq., for the protester. Richard J. Bednar, Esq., Crowell & Moring, for Saft America Inc.; Norman A. 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 The Army properly restricted urgent procurement for large quantities of batteries to power various types of portable communications-electronics equipment essential to accomplishing the Army's battlefield mission to the only two manufacturers that had supplied the batteries to the Army under previous contracts, where: (1) the Army reasonably believed those offerors were the only manufacturers that would have a high probability of delivering quality batteries in a timely manner; and (2) the protester, which was excluded from the competition, had never manufactured the batteries for the Army and had only supplied relatively small quantities of the batteries to the Government of Canada. DECISION BlueStar Battery Systems Corporation protests the Department of the Army's decision to exclude it from the competition under invitation for bids (IFB) No. DAAB07-95-B-G346, for supplying batteries used in military applications.1 We deny the protest. The Army's Communications-Electronics Command (CECOM) issued the IFB on September 20, 1995, orally soliciting bids for supplying 408,000 BA-5590/U nonrechargeable lithium sulfur dioxide batteries from Saft America Inc. and Power 1BlueStar is a Canadian firm which, if allowed, would have submitted a bid through the Canadian Commercial Corporation pursuant to Defense Federal Acquisition Regulation Supplement § 225.870-3 (DAC 91-3). 45229

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