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I
G A 0Comptroller General
WAZ Accountability * Integrity * Reliability of the United States
United States Government Accountability Office
Washington, DC 20548
D ..
Decision
Matter of: General Electrodynamics Corporation
File: B-298698; B-298698.2
Date: November 27, 2006
Paul J. Seidman, Esq., and David J. Seidman, Esq., Seidman & Associates, for the
protester.
Vera Meza, Esq., Department of the Army, for the agency.
Kenneth Kilgour, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST
Under solicitation for digital aircraft weighing scales, requirement that the scales not
utilize hydraulic components or mechanical load sensing devices, which excludes
protester's product, is not unduly restrictive of competition where the record
supports the reasonableness of the agency's determination that scales utilizing fully
electronic load cells are necessary to meet its needs.
DECISION
General Electrodynamics Corporation (GEC) protests the terms of request for
proposals (RFP) No. W58RGZ-06-R-0473, issued by the Army Aviation and Missile
Systems Command (AMSAM), Army Material Command, Department of the Army,
for digital aircraft weighing scales (DAWS). GEC argues that the RFP's requirement
that the scales not utilize hydraulic components or mechanical load sensing devices
is unduly restrictive of competition.
We deny the protest.
On February 22, 2006, AMSAM synopsized solicitation No. W58RGZ-06-R-0185 on the
Federal Business Opportunities (FedBizOpps) website. On March 9, the Army
amended the notice to advise that the proposed contract action is for supplies or
services for which the Government intends to solicit and negotiate with one source
under authority of [Federal Acquisition Regulation (FAR) §] 6.302. Agency Report
(AR), Tab J2, Modification of Presolicitation Notice for 0185, at 1. The notice
identified Intercomp Company Inc. as the intended sole-source contractor, but stated
that [i]nterested persons may identify their interest and capability to respond to the](ViewImageLocal?handle=hein.gao/gaobaczqz0001&div=1&collection=&method=preview&ext=.png&size=3)