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B-406479.2 1 (2012-08-15)

handle is hein.gao/gaobadozq0001 and id is 1 raw text is: 




          G     A    O0                                                   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.
           D  e c i s i o n                           L .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . ..


           Matter of:   Ceradyne, Inc.

           File:        B-406479.2

           Date:        August 15, 2012

           Michael A. Hordell, Esq., Michael R. Golden, Esq., Heather Kilgore Weiner, Esq.,
           and Samuel W. Jack, Esq., Pepper Hamilton LLP, for the protester.
           Shantay N. Clarke, Esq., Defense Logistics Agency, for the agency.
           Jennifer D. Westfall-McGrail, Esq., and Edward Goldstein, Esq., Office of the
           General Counsel, GAO, participated in the preparation of the decision.
           DIGEST

           Protest is denied where protester fails to demonstrate that agency's statistical
           testing methodology unreasonably restricts competition.
           DECISION

           Ceradyne, Inc., of Costa Mesa, California, protests the terms of request for
           proposals (RFP) No. SPM1 C1-11-R-0118, issued by the Defense Logistics Agency
           for lightweight advanced combat helmets. The protester contends that the agency's
           methodology for evaluating the results of required ballistic testing of the helmets is
           unreasonable and restrictive of competition.

           We deny the protest.

           The RFP, which was issued on November 28, 2011, contemplates the award of 3
           indefinite-delivery/indefinite-quantity (IDIQ) contracts (for a 24-month base period)
           to the 3 lowest-priced offerors of technically acceptable proposals. The only factor
           to be considered in determining the technical acceptability is whether the offeror has
           furnished passing ballistic test reports--that is, test reports demonstrating that the
           offeror will be able to meet the ballistic requirements for first article testing. The
           closing date for receipt of proposals was July 19, 2012.1

           1 At the time Ceradyne filed its protest with our Office on May 9, 2012, the closing
           date was set for May 30; the agency subsequently amended the RFP to extend the
           closing date to July 19. RFP, amend. No. 22.

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