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B-292997 1 (2004-01-15)

handle is hein.gao/gaocrptapiw0001 and id is 1 raw text is: 




         G     A    0                                                 Comptroller General
             SIntegrity Reliability                                   of the United States
 ~ccountabthty Inert Rea iy
United States General Accounting 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: Kaman Dayron, Inc.

          File:       B-292997

          Date:       January 15, 2004

          Robert S. Ryland, Esq., and James S. Hostetler, Esq., Kirkland & Ellis, for the
          protester.
          James J. McCullough, Esq., and Steven A. Alerding, Esq., Fried, Frank, Harris,
          Shriver & Jacobson, for AMTEC Corporation, an intervenor.
          Maj. Tami L. Dillahunt, and Sandra Bierman, Esq., Department of the Army, for the
          agency.
          David A. Ashen, Esq., and John M. Melody, Esq., Office of General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          Protest is sustained where, under a solicitation that indicated that when rating
          proposals under the technical evaluation factor particular importance would be
          placed on the similarity of the items previously produced to the grenade fuze being
          procured, the record does not support the agency's ultimate determination that the
          awardee's experience producing part of a different fuze was nearly identical to the
          experience of the protester in producing the fuze being procured here such that both
          offerors were entitled to the same excellent rating.
          DECISION

          Kaman Dayron, Inc. protests the award of a contract to AMTEC Corporation by the
          Department of the Army, U.S. Army Joint Munitions Command, under request for
          proposals (RFP) No. DAAA-09-03-R-0002, for M549A1 40-millimeter (mm) grenade
          fuzes. Kaman Dayron, the incumbent contractor, challenges the technical evaluation
          primarily on the basis that the agency unreasonably considered Kaman Dayron's
          experience and that of AMTEC to be equal.

          We sustain the protest.

          The RFP contemplated the award of a fixed-price contract for 747,473 M549A1
          grenade fuzes, with an evaluated 50 percent option for an additional 373,736 fuzes.
          The M549A1 fuze is a component of the 40-mm High Explosive Dual Purpose M430A1
          cartridge (grenade) used in the MK-19 Grenade Machine Gun.

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