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B-194180,B-194181 1 (1979-07-11)

handle is hein.gao/gaobadhjx0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION. . o ).OF THE UNITED STATES WASHINGTON, D. C. 20549 FILE: B-194180, B-194181 MATTER OF: Metal Art, Inc DATE: JulY 11, 1979 . a, DIGEST: 1. Where evidence shows that protest against 1, leged mpropriety in RFP was received at GAO before proposals were due, protest is timely and will be considered on merits notwithstanding that protest was not time/ date stamped at GAO until after such time. 2. Contracting agency properly may restrict procurement of part for military equipment, to be used for replenishment of stock, re- pair, or replacement, to original manufac- turer's part or identical product where Government has only limited rights in data for item or where unrestricted data in agency's possession is not adequate to conduct competitive procurement. Metal Art, Inc., protests the restrictive nature of request for proposals (RFP) Nos. DLA700-79-R-0757 and -0746, issued by the -Defense Logistics Agency's Defense Construction Supply Center (DCSC) for 50 beveled seats and 390 wearing rings, respectively. Each solicitation identified the item being procured by reference to cer- tain manufacturers' part numbers, and required that any proposed alternate be shown by the offeror to be essen- tially identical to the cited part. Metal Art contends that DCSC should instead have furnished technical draw- ings of the items in the agency's possession to po- tential offerors, or reverse engineered them for the benefit of such firms, so that they could have been pro- cured on a more competitive basis. We find no merit to the protester's contentions. 0

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