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B-400394,B-400394.2 1 (2008-09-23)

handle is hein.gao/gaobadapc0001 and id is 1 raw text is: 




         G     A     0                                                 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.

          Decision

          Matter  of:  Armorworks  Enterprises, LLC

          File:        B-400394; B-400394.2

          Date:        September 23, 2008

          Christopher R. Yukins, Esq., Kelly Busby, Esq., and Jill Newell, Esq., Arnold & Porter
          LLP, for the protester.
          Major Walter Dukes and David Scott, Esq. U.S. Army Materiel Command, for the
          agency.
          Edward  Goldstein, Esq., and Christine S. Melody, Esq., Office of the General
          Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          1. Protest allegations challenging agency's methodology for testing body armor are
          dismissed as untimely where the alleged problems were apparent from the face of
          the solicitation and the protester failed to raise its concerns prior to the time set for
          receipt of proposals.

          2. To be timely, challenge to solicitation amendment, issued after initial proposals
          had been submitted and which did not provide offerors with an opportunity to
          submit revised proposals, should have been filed within 10 days of the issuance of
          the amendment.
          DECISION

          Armorworks  Enterprises, LLC protests the exclusion of its proposal from the
          competitive range under request for proposals (RFP) No. W91CRB-07-R-0041, issued
          by the Army Materiel Command  (AMC)  for body armor. The protester challenges the
          agency's testing methodology and the testing failures of its body armor.

          We dismiss the protest in part and deny it in part.

          The RFP, issued on May 25, 2007, contemplates the award of multiple fixed-price,
          indefinite-delivery/indefinite-quantity (ID/IQ) contracts for Interceptor Body Armor
          Enhanced  Small Arms Protective Inserts (ESAPI), as well as the next generation of
          hard ballistic inserts for Interceptor Body Armor, X Small Arms Protective Inserts

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