James D. Harris is Senior Counsel in our
Washington, D.C. office.
The U.S. Government Accountability Office (GAO) denied on Aug.
11, 2016, a government contract protest by Microwave Monolithics
Inc. See GAO case number B-413088. The case is noteworthy because
of the reason for denial. The GAO found that the company's
proposal was properly eliminated from the competition because the
U.S. Army Materiel Command (Army) reasonably concluded that the
proposal failed to show the required compliance with the
International Traffic in Arms Regulations (ITAR), even though the
company was registered with the U.S. Department of State's
Directorate of Defense Trade Controls (DDTC).
Microwave Monolithics Inc., a small business in Simi Valley,
Calif., protested the elimination of its proposal from the
competition under a request for proposals (RFP) issued by the Army
for personal recovery devices. The RFP stated that a proposal had
to meet the solicitation's minimum requirements,
