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

B-292043 1 (2003-06-09)

handle is hein.gao/gaobacyit0001 and id is 1 raw text is: 


   I

          G    A     0Comptroller General
A-      Accountability * Integrity * Reliability                      of the United States
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:  HEROS, Inc.

          File:        B-292043

          Date:        June 9, 2003

          Douglas L. Patin, Esq., and Claire K. White, Esq., Spriggs & Hollingsworth, for the
          protester.
          Annejanette K. Heckman, Esq., Scott Pickens, Esq., and John Rice, Esq., Pillsbury
          Winthrop, for Rolls Royce Corp., an intervenor.
          Vera Meza, Esq., and Wade L. Brown, Esq., Department of the Army, for the agency.
          Glenn G. Wolcott, Esq., and Michael R. Golden, Esq., Office of the General Counsel,
          GAO,  participated in the preparation of the decision.
          DIGEST

          Protest is sustained where solicitation to overhaul helicopter engines contemplates
          less than full and open competition, the agency has concluded that the successor-
          in-interest to the original equipment manufacturer of the engine is the only entity
          that possesses adequate information to successfully overhaul the engine, and the
          agency's view regarding other potential offerors' ability to meet the agency's
          requirements fails to reflect a reasonable level of advance planning as required by
          the Competition in Contracting Act.
          DECISION

          HEROS,  Inc. protests the Department of the Army's limitation on competition in
          connection with request for proposals (RFP) No. DAAH23-02-R-0566 to overhaul
          T63-A-720 turbine engines for use in OH-58A/C Kiowa helicopters. Specifically, the
          RFP  limits the field of offerors to Rolls Royce Corporation (RRC) and RRC's
          authorized maintenance centers (AMCs). HEROS maintains that the Army's
          exclusion of all other offerors unduly restricts competition in violation of the
          Competition in Contracting Act of 1984 (CICA), 10 U.S.C. § 2304 (2000).

          We  sustain the protest.

          BACKGROUND

          On January 10, 2003, the Army published the RFP at issue here, seeking proposals to
          overhaul a quantity of up to 300 T63-A-720 engines. Agency Report, Tab B, RFP, at 6.

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