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B-281342 1 (1999-01-26)

handle is hein.gao/gaocrptajgh0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a I GAO Protective Order. This redacted version has been approved for public release. Matter of: Lance Ordnance, Inc. File: B-281342 Date: January 26, 1999 Nancy M. Camardo, Esq., and Joseph A. Camardo, Jr., Esq., Joseph A. Camardo Law Office, for the protester. Richard P. Castiglia, Jr., Esq., Patrick K O'Keefe, Esq., and Thomas C. Papson, Esq., McKenna & Cuneo, for Fireworks by Grucci, an intervenor. Craig E. Hodge, Esq., and Terese M. Harrison, Esq., Department of the Army, for the agency. Ralph 0. White, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protester's contention that awardee received an unfair competitive advantage over other offerors because the awardee leases facilities at the Radford Army Ammunition Plant pursuant to the Armament Retooling and Manufacturing Support Initiative is denied where the record shows that the awardee: leases the facilities not from the government, but from a prime contractor; pays fair market rental value for the facilities; and has not received an unfair advantage from Army expenditures necessary to make the facility habitable for the life of the awardee's 10-year lease, which began before this solicitation was issued, and will extend beyond performance of this contract. DECISION Lance Ordnance, Inc. protests the award of a contract to Fireworks by Grucci by the Department of the Army, pursuant to request for proposals (RFP) No. DAAA09- 98-R-0068, for the manufacture and delivery of 420,400 ground burst projectile simulators and 212,600 hand grenade simulators. Lance argues that Grucci received an unfair competitive advantage through its proposed use of government facilities at the Radford Army Ammunition Plant, in Radford, Virginia, and that the Army conducted an unreasonable evaluation of Grucci's past performance. We deny the protest. The RFP, issued April 2, 1998, anticipated award of a fixed-price contract to the offeror whose proposal represented the best value to the government. The RFP

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