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B-272139 1 (1996-09-06)

handle is hein.gao/gaocrptaehs0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Laidlaw Environmental Services File: B-272139 Date: September 6, 1996 William E. Hughes III, Esq., Whyte, Hirschboeck, Dudek, S.C., for the protester. Joel E. Gregory for Day & Zimmermann, Inc., Darl J. Heffelbower for Mason and Hanger Corporation, and Don Carrier for TPL, Inc., intervenors. Jeffrey I. Kessler, Esq., and Sandra L. Biermann, Esq., Department of the Army, for the agency. Linda C. Glass, Esq., and Paul Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency's prohibition of the use of open burn/open detonation technologies in the demilitarization of improved conventional munitions is unobjectionable where it reflects legitimate environmental concerns expressed by congressional committees. DECISION Laidlaw Environmental Services protests the terms of invitation for bids (IFB) No. DAAA09-96-B-0033, issued by the United States Army Industrial Operations Command (IOC) for the demilitarization of 8-inch improved conventional munitions. The protester contends that the solicitation's prohibition against the use of open burn/open detonation (OB/OD) technologies in the demilitarization of the munitions is unduly restrictive of competition and favors original manufacturers of the munitions.1 We deny the protest. The IFB, issued on April 10, 1996, as a two-step sealed bid procurement, with an amended May 24 closing date for receipt of technical proposals, prohibited the use of OB/OD technologies to demilitarize any component or end item contained in the solicitation. The statement of work (SOW) required offerors to provide all the necessary material, equipment, and personnel to perform conventional ammunition 1OB/OD is a process in which burning is typically done in pans set out in an open area; items for detonation are sometimes placed in pits and covered with soil in an attempt to limit sound wave progression. 42396

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