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B-282511.8 1 (2000-05-18)

handle is hein.gao/gaocrptakxs0001 and id is 1 raw text is: h -e GeAtOa E Comptroller General of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: ATA Defense Industries, Inc. File: B-282511.8 Date: May 18, 2000 Claude P. Goddard, Jr., Esq., and Hal J. Perloff, Esq., Wickwire Gavin, for the protester. Jeffrey I. Kessler, Esq., and Caridad Ramos, 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 a solicitation improperly requires submission of proprietary technical data for evaluation of a commercial item in violation of the regulations governing commercial item acquisitions is rendered academic when the agency waives the application of the regulation, and the protester fails to raise a timely objection to the waiver. DECISION ATA Defense Industries, Inc. protests the terms of amendment 0009 to request for proposals (RFP) No. DAAE20-98-R-0215, issued by the Department of the Army's Tank-Automotive Armaments Command for the purchase of the Intermediate New Generation Army Targetry System (INGATS). ATA argues that the revised solicitation improperly requires submission of proprietary data explaining the operation of each offeror's INGATS system in violation of the regulations governing commercial acquisitions set forth in Federal Acquisition Regulation (FAR) Part 12. In addition, ATA argues that the solicitation fails to accurately state the agency's minimum needs, that the Army's intended testing plan for the system is inadequate, and that the solicitation--which is restricted to participation by small and small disadvantaged businesses--improperly requires the submission of small business utilization plans. We deny the protest.

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