About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-283586 1 (1999-11-23)

handle is hein.gao/gaocrptajmw0001 and id is 1 raw text is: 



                   -e GeAtOa
 __Comptroller General
                                                                of the United States
United States General Accounting Office
Washington, DC 20548



         Decision


         Matter of: Hawker Eternacell, Inc.

         File:      B-283586

         Date:      November 23, 1999


         Norman A. Steiger, Esq., Goldberg & Connolly, for the protester.
         Maj. Cynthia M. Mabry, and John J. Reynolds, Esq., Department of the Army, for the
         agency.
         Guy R. Pietrovito, Esq., and James A. Spangenberg, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         1. Protest allegation that an award under a solicitation would breach the protester's
         existing contract concerns a matter of contract administration, which is outside the
         scope of the General Accounting Office's bid protest jurisdiction.

         2. Agency properly determined to exclude protester from the competition for award
         of batteries, where the protester currently held a contract for the same batteries and
         the agency reasonably found that another source was necessary to ensure the
         batteries' continuous availability, to satisfy projected needs, to provide for future
         competition, and to satisfy national defense interests.
         DECISION

         Hawker Eternac ell, Inc. pro tests the terms o f request for pro po sals (RFP)
         No. DAAB07-99-R-A273, issued by the U.S. Army Communications-Electronics
         Co mmand for a quantity o f BA-X590A/U no n-rec hargeable, high perfo rmanc e lithium
         batteries. Hawker, which currently has a contract to supply the Army with these
         batteries, challenges its exclusion from the competition for award.

         We deny the protest.

         The high performance lithium battery family, of which the BA-X590A/U is a part, is
         the main power source for most of the Army's portable, combat communications and
         electronic equipment. The BA-5590 battery configuration, of which the BA-X590A/U
         is an updated version, is extensively used and has one of the highest monthly

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most