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B-418994 1 (2020-09-29)

handle is hein.gao/gaobaebwa0001 and id is 1 raw text is: 



GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                   Comptroller General
Washington, DC 20548                                              of the United States

                                                 DOCUMENT FOR PUBLIC RELEASE
                                               The decision issued on the date below was subject to
                                               a GAO Protective Order. This version has been
                                               approved for public release.


Matter of: Island Pyrochemical Industries

File:        B-418994

Date:     September 29, 2020

Richard J. Conway, Esq., and Adrien Pickard, Esq., Blank Rome LLP, for the protester.
Jamie F. Tabb, Esq., Ryan D. Stalnaker, Esq., and John M. Satira, Esq., Vinson
& Elkins LLP, and Catherine K. Ronis, Esq., BAE Systems, Inc., for BAE Systems,
Ordnance Systems, Inc., the intervenor.
Wade L. Brown, Esq., and Jessica L. Weiford, Esq., Department of the Army, for the
agency.
Evan D. Wesser, Esq., and Edward Goldstein, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

Protest that agency is improperly seeking to modify an indefinite-delivery, indefinite-
quantity contract for the production of multiple propellants and propellant components to
increase the contract's ceiling and ordering quantities is dismissed where the protester,
a potential supplier of a single component constituting less than 0.00[DELETED]
percent of the proposed ceiling increase, is not an interested party to challenge the
agency's proposed modification.
DECISION

Island Pyrochemical Industries (IPI), of Mineola, New York, challenges the Department
of the Army, U.S. Army Contracting Command - Rock Island's decision to execute a
sole-source justification and approval (J&A) to award a contract modification to increase
the ceiling price and ordering quantities of the Army's indefinite-delivery, indefinite-
quantity (IDIQ) contract No. W52P1 J-1 1 -D-001 3 with BAE Systems, Ordnance
Systems, Inc. (BAE-OSI), of Radford, Virginia, for the production of propellant and
propellant components. IPI alleges that the J&A lacks a reasonable basis and fails to
include an adequate rationale to support the asserted basis that BAE-OSI is a vital
supplier needed in case of a national emergency, or that, in the absence of a sole-
source modification, there will be a break in the production of the propellant and
propellant grains produced under the contract.


We dismiss the protest.

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