Global Military Products, Inc. (B-423175.2)

You should not care.

Category: CICA exception, Ukraine, Taiwan, and Israel, sole source

Date: 25 February 2025

URL: https://www.gao.gov/products/b-423175.2

Global Military Products, Inc. (GMP), protested US Army's sole-source award of contract number W519TC-25-F-0015 to Repkon USA Defense LLC for the design, construction, and commissioning of a domestic TNT production facility. GMP alleged that Army improperly relied on extraordinary authority under Class Deviation 2024-O0005 to justify awarding the contract without full and open competition:

Use of public interest exception: GAO found that Army’s written determination and findings (D&F) sufficiently justified the use of the public interest exception under the Competition in Contracting Act (CICA). Army demonstrated that the contract fell under a “covered contract” for replenishing stocks of critical munitions needed for Ukraine, Taiwan, and Israel.

Timeliness of protest: Army and Repkon sought dismissal, arguing that GMP knew of the sole-source intent as early as June 2024. GAO ruled that GMP timely filed its protest within ten days of the actual contract award announcement.

Evaluation of GMP’s submission: GMP argued that its "proposal" was improperly rated and that Army made an unreasonable source selection decision. GAO dismissed this argument because the procurement was not a competitive award, and the agency was not required to evaluate responses competitively.

GAO denied the protest in part and dismissed it in part, finding that Army appropriately justified its sole-source award under temporary acquisition authority.

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.