The protester challenged the agency’s use of a sole-source award. The protester claimed to have a conditionally qualified alternative product that the agency could have used. GAO dismissed the protest. The agency had shown that it needed the specific product for testing. Besides, the agency would likely award a sole-source contract to test the protester’s alternative.
Perimeter Solutions LP, B-423321; B-423321.2
- Protest – The protester challenged an intended sole-source award for the supply of Qela, an aerial long-term fire retardant. The protester argued the sole-source was not justified because the agency failed to consider the protester’s alternative product.
- Decision – The agency argued the protester was not an interested party because the protester did not manufacture Qela. The protester responded it was an interested party because it possessed a “conditionally qualified” alternative. GAO sided with the agency. The agency needed to test specifically Qela to ensure it does not accelerate corrosion. Regardless, the agency explained it will likely acquire the protester’s product for testing through a sole-source acquisition as well.
The protester was represented John G. Horan and Asher F. Young of Faegre Drinker Biddle & Reath LLP. The intervenor was represented by Joseph G. Martinez and Alexander N. Cardinal of Dentons US LLP. The agency was represented by Tyler Ellis of the Department of Agriculture. Todd C. Culliton and Tania Calhoun of GAO participated in the preparation of the decision.
— Case summary by Joshua Lim, Assistant Editor.
