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B-406219 1 (2012-03-12)

handle is hein.gao/gaobadoqe0001 and id is 1 raw text is: 




          G    A    O0                                                Comptroller General
Accountability * Integrity * Reliability                               of the United States
  United States Government Accountability Office
  Washington, DC 20548



          Decision


          Matter of:   Coastal Seal Services, LLC

          File:        B-406219

          Date:     March 12, 2012

          William H. Anderson, Esq., Robertson & Anderson, PLLC, for the protester.
          Davis Young, Esq., and Stephen A. Copetas, Esq., Department of the Navy, for the
          agency.
          Frank Maguire, Esq., and David A. Ashen, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Navy decision to limit procurement to brand name, original equipment manufacturer
          part was unobjectionable where the part was component of critical ship equipment,
          the failure of which could have serious consequences for deployed military forces;
          the agency lacked technical data rights to overall system; and the agency
          reasonably determined, based on its review of data submitted by protester, that it
          lacked adequate data to conduct a competitive procurement for the part.
          DECISION

          Coastal Seal Services, LLC (CSS) of Lincolnton, North Carolina, protests the
          Department of the Navy's intent to issue purchase orders on a sole source basis to
          Wartsila Defense Inc., of Chesapeake, Virginia, under requests for quotations
          (RFQ) Nos. N40442-12-T-7153 and N40442-12-T-7154, for replacement stern tube
          shaft seal repair kits. CSS asserts that a requirement for brand name kits is unduly
          restrictive.

          We deny the protest.

          The RFQs, issued on December 6, 2011, announced the Navy's intent to issue a
          sole-source, fixed-price order to Wartsila for brand name aft stern and forward stern
          tube seal repair kits for T-AO class seagoing replenishment oilers USNS Big Horn
          (RFQ No.N40442-12-T-7153) and USNS Lenthall (RFQ No. N40442-12-T-7154),
          whose mission is to shuttle fuel oil and supplies to operating naval forces. Agency
          Report (AR) Tabs C1, C2. The Navy normally provides these seal repair kits as

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