Craft Bearing Company, Inc. (Unknown)

B-418685 Jun 22, 2020 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Craft Bearing Company, Inc. (Craft Bearing), a veteran-owned small business of Newport News, Virginia, protests the award of a subcontract issued pursuant to a contract awarded by the Department of the Army, U.S. Army Materiel Command, under solicitation No. W56HZV-15-R-0187, for the development, test, production, training, fielding, and support of the Maneuver Support Vessel (Light) (MSV(L)). The protester contends that the agency is not enforcing the Buy American Act and small business subcontracting plan requirements set forth in the prime contract. Specifically, Craft Bearing complains that the prime contractor and its subcontractor refuse to allow Craft Bearing to compete for a subcontract for bearings, and have instead awarded the subcontract to a large business with a manufacturing plant in England. We dismiss the protest. View Decision Decision Matter of:  Craft Bearing Company, Inc. File:  B-418685 Date:  June 22, 2020 Donald Moore, for the protester. Wade L. Brown, Esq., Department of the Army, for the agency. Karly Newcomb, Raymond Richards, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the award of a subcontract is dismissed where the subcontract was not awarded by the government and the agency awarding the prime contract has not requested that subcontract protests be decided by our Office. DECISION   Craft Bearing Company, Inc. (Craft Bearing), a veteran‑owned small business of Newport News, Virginia, protests the award of a subcontract issued pursuant to a contract awarded by the Department of the Army, U.S. Army Materiel Command, under solicitation No. W56HZV-15-R-0187, for the development, test, production, training, fielding, and support of the Maneuver Support Vessel (Light) (MSV(L)).  The protester contends that the agency is not enforcing the Buy American Act and small business subcontracting plan requirements set forth in the prime contract.  Specifically, Craft Bearing complains that the prime contractor and its subcontractor refuse to allow Craft Bearing to compete for a subcontract for bearings, and have instead awarded the subcontract to a large business with a manufacturing plant in England. We dismiss the protest. BACKGROUND On September 28, 2017, the Army awarded contract No. W56HZV-17-D-0086, a 10‑year indefinite‑delivery, indefinite‑quantity contract to Vigor Iron Works, LLC (Vigor).  Req. for Dismissal at 2.  The contract is for development, testing, production, training, fielding, and support of the MSV(L).  Id.  Craft Bearing states that it contacted Vigor about providing bearings for the MSV(L) and was told to contact the subcontractor that would be providing the drive line system for the vessels.  Resp. to Req. for Dismissal, encl. 1, Affidavit of Craft Bearing President at 1.  Craft Bearing states that it contacted the drive line system subcontractor and was told that the bearings would be provided by a firm located in England.  Id. at 2. On December 4, 2019, Craft Bearing emailed the agency and stated that the drive line systems subcontract awarded by Vigor did not contain a Buy American requirement and as a result, the drive line systems subcontractor would not let Craft Bearing submit an offer for the bearings.  Protest, attach. A, Email from Craft Bearing to Army, Dec. 4, 2019, at 1.  Craft Bearing’s email asserted that there had been a “serious violation of the Buy American Clause required in Federal Government Contracts.”  Id.  On December 12, the agency responded, explaining that the government is not involved in, and has no purview over, the subcontractors selected by a prime contractor.  Id., attach. B, Email from Army to Craft Bearing, Dec. 12, 2019, at 21.  On March 24, 2020, Craft Bearing filed this protest with our Office.  Protest at 1. DISCUSSION Craft Bearing states that it is a small business with a manufacturing plant in Virginia that uses only American materials to manufacture the bearings utilized in the vessels produced under the Vigor contract.  Protest at 1‑2.  Craft Bearing argues that Vigor and its drive line systems subcontractor refuse to allow Craft Bearing to compete for the bearings subcontract under the prime contract, and instead have awarded the subcontract to a large business that manufactures the bearings outside of the United States.  Id. at 2, 4.  Craft Bearing contends that the award of a subcontract to this other firm violates Federal Acquisition Regulation clause 52.219‑9, Small Business Subcontracting Plan, and the Buy American Act requirements in Vigor’s contract.  Id.  Craft Bearing argues that the agency has failed to monitor and enforce these requirements in Vigor’s contract, to the detriment of Craft Bearing. Id.