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B-422905,B-422905.2 Dec 13, 2024 1 (2024-12-13)

handle is hein.gao/gaorij0001 and id is 1 raw text is: 



G     A     O       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
                                           * *a GAO Protective Order. This version has been
Decision                                   approved for public release.


Matter of:   Mistral Inc.

File:     B-422905; B-422905.2

Date:     December 13, 2024

R. Locke Bell, Esq., Caitlin A. Crujido, Esq., and Markus G. Speidel, Esq., Morrison &
Foerster LLP, for the protester.
Kara L. Daniels, Esq., and Roee Talmor, Esq., Arnold & Porter Kaye Scholar LLP, for
AeroVironment, Inc., the intervenor.
Debra J. Talley, Esq., and Adam G. Caudle, Esq., U.S. Army Materiel Command, for the
agency.
Michael P. Price, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

Protest challenging the agency's award of a sole-source contract pursuant to temporary
acquisition authority is denied where the record demonstrates the agency's written
determination and findings (D&F) was sufficient to support the use of the authority for
other than full and open competitive procedures.
DECISION

Mistral, Inc., a women-owned small business of Bethesda, Maryland, protests the award
of sole-source contract No. W91 CRB24DO01 1 to AeroVironment, LLC, of Simi Valley,
California, awarded by the Department of the Army for loitering munitions weapons
systems and related services. The protester primarily argues that the determination and
findings (D&F) prepared by the agency is insufficient to justify the award of the contract
on a sole-source basis.

We  deny the protest.

BACKGROUND

This protest involves complex and unique procurement and procedural histories and
amendments   to relevant procurement statutes and regulations. We discuss each in
more detail below.

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