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B-402281 1 (2010-02-17)

handle is hein.gao/gaobadbfm0001 and id is 1 raw text is: 




         G     A    0                                                 Comptroller General
       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:  Ceradyne, Inc.

          File:       B-402281

          Date:       February  17, 2010

          Michael A. Hordell, Esq., Stanley R. Soya, Esq., and Heather Kilgore Weiner, Esq.,
          Pepper Hamilton LLP, for the protester.
          Maj. Walter Dukes, U.S. Army Materiel Command, for the agency.
          Edward  Goldstein, Esq., and Christine S. Melody, Esq., Office of the General
          Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          Agency's decision to set aside delivery order under a multiple award
          indefinite-delivery/indefinite-quantity (ID/IQ) contract for the small business ID/IQ
          contract holders was reasonable where both small business contract holders
          represented to the agency that they could meet the delivery order requirements.
          DECISION

          Ceradyne, Inc., of Costa Mesa, California, protests a decision by the U.S. Army
          Materiel Command  to set aside for small business concerns, delivery order No. 9 for
          body armor, Small Arms Protective Inserts (SAPI). Ceradyne argues that the Army's
          set-aside decision was unreasonable.

          We deny the protest.

          BACKGROUND

          SAPIs are ceramic plates designed to withstand and absorb ballistic impact. These
          plates are inserted into vests and other protective gear and used by military
          personnel and security forces as body armor. In March 2008, the Army issued a
          solicitation for the award of multiple indefinite-delivery/indefinite-quantity contracts
          to provide SAPIs in support of the government's foreign military sales program. On
          September 11, 2008, the Army made four awards under the solicitation to the
          following firms: (1) Armacel Armor Corp. (contract No. W91CRB-08-D-0060) (a
          small business concern); (2) ArmorWorks Enterprises, LLC (contract No. W91CRB-
          08-D-0061) (a small business concern); (3) Ceradyne, Inc. (contract No. W91CRB-08-
          D-0062) (a large business); and (4) Composix Co. (contract No. W91CRB-08-D-0063)

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