PROCUREMENT – Bid Protests – Allegation substantiation – Lacking – GAO review DIGEST: 1. Protest that agency’s determination not to require first article testing for off-the-shelf air cylinders in an emergency situation is inconsistent with previous General Accounting Office bid protest decision requiring first article testing is denied where that decision applied to a non-emergency situation for cylinders not yet built. PROCUREMENT – Noncompetitive Negotiation – Use – Justification – Urgent needs 2. Protest that agency fabricated an urgent situation to justify a sole- source procurement is denied where the record demonstrates that an emergency did exist so as to justify the agency’s decision to limit competition and not to require first article testing. PROCUREMENT – Noncompetitive Negotiation – Contract awards – Sole sources – Propriety PROCUREMENT – Contract Management – Contract modification – Cardinal change doctrine – Effects – Resolicitation 3. Where a sole-source award is appropriate, it is not necessary for a modification to a contract that is beyond the scope of the original contract to be competitively procured. PROCUREMENT – Bid Protests – Bias allegation – Allegation substantiation – Evidence sufficiency 4. Where the record does not show that contracting officials had a specific and malicious intent to harm the protester, protest alleging bad faith because of the agency’s alleged interference with the protester’s ability to compete for subcontracts for air cylinders is denied.
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