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B-400394.3 1 (2009-03-31)

handle is hein.gao/gaobadaum0001 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 version has been approved for public release. Decision Matter of: Armorworks Enterprises, LLC File: B-400394.3 Date: March 31, 2009 Patricia H. Wittie, Esq., Karla J. Letsche, Esq., and Kathryn E. Swisher, Esq., Oldaker, Belair & Wittie, LLP, for the protester. Michael A. Hordell, Esq., Stanley R. Soya, Esq., and Heather Kilgore Weiner, Esq., Pepper Hamilton LLP, for Ceradyne Inc., an intervenor. Jacob N. Pankowski, Esq., David T. Hickey, Esq., and Sean M. Connolly, Esq., Greenberg Traurig LLP, for The Protective Group, Inc., an intervenor. Barbara Duncombe, Esq., Suzanne Sumner, Esq., G. Drew Fuller, Esq., and Thomas J. Menza, Esq., Taft Stettinius & Hollister LLP, for BAE Systems Aerospace & Defense Group, Inc., an intervenor. Vera Meza, Esq., 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 Protest challenging agency's body armor testing, which is based on findings contained in a Department of Defense Inspector General Report, is dismissed where the findings contained in the report do not reasonably support a conclusion that the protester suffered any prejudice in the testing of its body armor, which ultimately failed testing. 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 testing methodology and procedures used by the agency in its pre-award body armor testing, and also alleges that post-award changes to body armor testing requirements reflect unequal treatment of offerors. We dismiss the protest. This is Armorworks' third protest challenging the Army's body armor test results in connection with the subject solicitation. Armorworks' initial protests challenged

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