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B-272069 1 (1996-09-06)

handle is hein.gao/gaocrptaehk0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Lewis Machine & Tool Co. File: B-272069 Date: September 6, 1996 Alan M. Grayson, Esq., and Victor A. Kubli, Esq., Law Offices of Alan M. Grayson, for the protester. Daniel C. Sauls, Esq., Jerald S. Howe, Jr., Esq., and Paul R. Hurst, Steptoe & Johnson, for United Defense Limited Partnership, an intervenor. Richard A. Couch, Esq., and Vera Meza, Esq., Department of the Army, for the agency. Adam Vodraska, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Under a solicitation for a prototype lightweight howitzer, the protester's proposal, premised on a prototype developed and fabricated by an Army arsenal and provided under a subcontract to the protester, could not be accepted because the subcontract was not authorized by 10 U.S.C. § 2208(j), which permits subcontracting by arsenals only where they can compete directly under the solicitation with private firms, which this solicitation did not permit. DECISION Lewis Machine & Tool Co. protests the decision by the Army Tank-Automotive and Armaments Command, Armament Research, Development and Engineering Center, Picatinny Arsenal, New Jersey, to eliminate Lewis from the competition under request for proposals (RFP) No. DAAE30-96-R-0003 for a contract to participate in the shoot-off phase of the development of a lightweight 155 millimeter (mm) howitzer. This RFP contemplated the award of fixed-priced contracts to all acceptable offerors for the shoot-off, the first phase in the acquisition of a lightweight 155 mm howitzer to replace aging and heavier howitzers currently in use by the Army and Marine Corps. We deny the protest. The RFP required offerors to deliver a single prototype howitzer, as well as related equipment, technical and other specified documentation, and a support team, to Yuma Proving Ground in Arizona by April 25, 1996. Agency personnel then performed an initial screening of the proposed howitzers for compliance with the 51696

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