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B-265884 1 (1995-11-07)

handle is hein.gao/gaobabllz0001 and id is 1 raw text is: - a,. (3 O United States GAQ General Accounting Office Washington, D.C. 20548 Office of the General Counsel B-265884 November 7, 1995 The Honorable Dan Burton House of Representatives Dear Mr. Burton: This responds to your August 4, 1995, letter requesting that our Office review the Army's planned procurement of metal parts for M-795 high fragmentation artillery projectiles. On July 20, 1995, the Deputy Assistant Secretary of the Army for Procurement signed a Justification and Approval (J&A) to authorize limited competition for this procurement. The J&A establishes a mobilization base for the item consisting of two government-owned, contractor-operated Army ammunition plants, the Scranton and Louisiana Army Ammunition Plants (SAAP and LAAP, respectively). You ask several specific questions about the validity of the J&A prepared in this case. First, you ask whether the Army violated the Competition in Contracting Act of.1984 (CICA). You also ask about the accuracy of the J&A's reference to a prior contract for M-795 metal parts, and whether incorrect information about a prior procurement would invalidate the J&A. Finally, you request additional information on procurement of high fragmentation projectiles and ask whether costs are affected by restricted competition in artillery projectile procurements. CICA permits restricted competition when supported by a properly prepared J&A. We note that the Army's J&A includes extensive discussion of the need to prove out the new and vital flex-line manufacturing process, but does not discuss mobilization concerns in the same depth. As a result, it is not clear from the J&A as written that it fully documents the need for a mobilization base. Your staff has advised us that your constituent, ERI Babcock & Wilcox, Inc. of Indianapolis (ERI), intends to file a bid protest contesting the Army's mobilization base determination. Receipt of a timely bid protest will permit us to exercise our statutory function to gather all information and render a decision on the validity of the Army's justification for excluding ERI. In response to your second question, SAAP apparently produced a small quantity of S10031114 C)~ 6 9 A

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