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B-422816 Nov 06, 2024 1 (2024-11-06)

handle is hein.gao/gaoraw0001 and id is 1 raw text is: 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: Rotair Aerospace Corporation File: B-422816 Date: November 6, 2024 Ryan C. Bradel, Esq., and Brian S. Yu, Esq., Ward & Berry, PLLC, for the protester. Mitchell A. Krock, Esq., Defense Logistics Agency, for the agency. Uri R. Yoo, Esq., and Alexander 0. Levine, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that a delivery order exceeds the scope of an underlying requirements contract is denied where the record shows that the items ordered were within the express terms of the contract, providing for the buyback of inventory, and the protester's allegations are based on facts not reflected in the record. DECISION Rotair Aerospace Corporation, of Bridgeport, Connecticut, protests the issuance of delivery order No. SPE4AX-24-F-Z25G to Sikorsky Aircraft Corporation, of Stratford, Connecticut, by the Defense Logistics Agency (DLA) for flight control capsule assembly units. The protester argues that the agency improperly issued the delivery order without a full and open competition for the requirement. We deny the protest in part and dismiss it in part. BACKGROUND On July 1, 2015, the agency awarded a requirements contract to Sikorsky on a sole-source basis to provide a performance-based supply of consumable parts in support of previously procured Sikorsky aircrafts. Contracting Officer's Statement and Memorandum of Law (COS/MOL) at 2; Agency Report (AR), Exh. 1, Contract at 2. The fixed-price contract was for a 5-year base period and one 5-year option period, and the

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