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B-195376 1 (1979-10-24)

handle is hein.gao/gaobaduja0001 and id is 1 raw text is: 

                            THE COMPTROLLER GENERAL.
    DECISION         -      OF THE UNITED        STATES
                            WASHINGTON, D. C. 2048
                         c                     <45



    FILE: B-195376                DATE: October 24, 1979

    MATTER OF: Aerol Company


    DIGEST:


      1. Where it is evident that for purpose
         of immediate IFB source control
         drawing is not intended to restrict
         procurement to approved source, pro-
         visions of MIL-STD-100, which pertain
         to source control drawings, are not
         considered to apply.

      2. Fact that company incurred expenses
          to become approved source does not
 *        provide basis in law for negotiating
         with it on sole-source basis.

      3. Bid containing handwritten note sus-
*        ceptible to more than one interpreta-
          tion is ambiguous and must be rejected
          as nonresponsive.

          Aerol Co., Inc. (Aerol), protests the proposed
      award by the Navy Aviation Supply Office of a contract
      for the purchase of towbar wheels under invitation,
      for bids (IFB) N00383-79-B-0395.

          Essentially, Aerol protests a competitive solici-
      tation because it is the only firm listed as an approved
      source on source control drawing 62A122C6 referenced
      in the solicitation and it is unfair for the Navy to
      make'an award to any firm that has not incurred the
      expense it did to become approved. Further, it dis-
      agrees with the Navy that its bid should be rejected.

           The Aerol protest is denied for the reasons stated
      below.

           First, it is clear from-the IFB as amended that
      even though a source control drawing is being used
      to procure the towbar wheels, the drawing is only


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