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B-400328,B-400328.2 1 (2008-09-23)

handle is hein.gao/gaobadapp0001 and id is 1 raw text is: G A 0Comptroller General c Accountability * Integrity * Reliability of the United States United States Government Accountability Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: Gentex Corporation File: B-400328; B-400328.2 Date: September 23, 2008 Angela B. Styles, Esq., David Z. Bodenheimer, Esq., and Puja Satiani, Esq., Crowell & Moring LLP, for the protester. Lynne Georges, Esq., Defense Logistics Agency, for the agency. William Robinson, Esq., and Todd Bailey, Esq., Deparment of Justice, for Federal Prison Industries, an intervenor. Paul E. Jordan, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Where it was apparent, prior to closing time for receipt of proposals, that Federal Prison Industries (FPI)--a federally-owned corporation--was a potential competitor in supply procurement, protest that agency should have provided for cost analysis under Office of Management and Budget Circular A-76, based on notice of award to FPI, is untimely; protest concerns a solicitation impropriety, and therefore should have been filed prior to the closing time for receipt of proposals. 2. Agency reasonably evaluated awardee's proposal as satisfactory, despite catastrophic hardware failure in one ballistics test, where it concluded that correction of deficiency was simple and solicitation defined satisfactory rating as including deficiencies that will require preventative corrective action in production. 3. Agency reasonably evaluated awardee's and protester's past performance/ experience as satisfactory where protester had performed more helmet contracts than awardee, including current version, but had never produced required new version of helmet, which included more stringent testing requirements, and awardee had produced similar helmets. DECISION Gentex Corporation protests the award of a contract to Federal Prison Industries (FPI) under request for proposals (RFP) No. SPM1C1-07-R-0137, issued by the Defense Supply Center, Philadelphia (DSCP), for lightweight helmets (LWH). Gentex asserts that the agency improperly failed to conduct the procurement under

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