About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-401671.3 1 (2009-11-06)

handle is hein.gao/gaobadbav0001 and id is 1 raw text is: AlL A , GA O Comptroller General Accuntabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: Armorworks Enterprises, LLC File: B-401671.3 Date: November 6, 2009 Christopher R. Yukins, Esq., and Avi Baldinger, Esq., Arnold & Porter LLP, for the protester. Major Walter Dukes, 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 GAO does not have jurisdiction to consider protest challenging agency's decision to issue three separate delivery orders for body armor plates where each of the delivery orders is valued below the statutory threshold of $10 million, and the record does not support protester's contention that agency's decision to procure the plates by separate delivery orders was a pretext, that is, a deliberate effort to evade GAO's bid protest jurisdiction. DECISION Armorworks Enterprises, LLC, of Chandler, Arizona, protests the terms of three requests for quotations (RFQ), issued by the U.S. Army Materiel Command, for Small Arms Protective Insert (SAPI) plates (body armor) to be delivered to the government of Afghanistan. Each RFQ is for a different SAPI plate size (small, medium, and large). The plates are to be ordered under an existing multiple-award indefinite- delivery/indefinite-quantity (ID/IQ) contract for Foreign Military Sales deliveries. Armorworks argues that splitting the plates by size under three separate RFQs was irrational, and that the agency acted in violation of the Small Business Act because it failed to set aside any part of the requirement for small business concerns. We dismiss the protest. The record reflects that the agency received a request from the U.S. Army Security Assistance Command (USASAC) to purchase approximately 57,000 SAPI plates for delivery to the government of Afghanistan. On September 1, 2009, USASAC informed the agency that the need for the plates was urgent and requested that the

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:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most