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B-262221 1 (1995-11-20)

handle is hein.gao/gaocrptacee0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Navistar Marine Instrument Corporation File: B-262221 Date: November 20, 1995 Steven J. Nadel for the protester. Stephen Stastny, Esq., and Benjamin G. Perkins, Esq., Defense Logistics Agency, for the agency. C. Douglas McArthur, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest of sole source solicitation is denied where agency complied with requirements of Competition in Contracting Act of 1984 by executing a justification and approval authorizing the use of other than full and open competition procedures, because agency did not have in its possession sufficient, accurate, or legible data to purchase the part from any source other than the one known source. 2. Protest of a solicitation's qualification procedures, filed after receipt of initial proposals, is not only untimely but fails to state a valid basis of protest, where protester fails to take issue with agency's need to assure equivalent functioning of parts and fails to identify the precise procedures that it considers unduly restrictive. DECISION Navistar Marine Instrument Corporation protests the terms of request for proposals (RFP) No. SP0440-95-R-3832, issued by the Defense General Supply Center (DGSC) for aneroid barometers. Navistar challenges the solicitation as unduly restrictive and improperly limited to a sole source. We deny the protest in part and dismiss it in part. DGSC issued the solicitation on July 24, 1995, for a fixed-price contract for a quantity of 17 aneroid barometers, described by part number FA112150 manufactured by the Wallace and Tiernan Division of the Pennwalt Corporation. The solicitation contained the standard clause at Defense Logistics Agency Regulation (DLAR) § 52.217-9002, Conditions for Evaluation and Acceptance of Offers for Part Numbered Items. This clause advises offerors that the agency has determined the Wallace and Tiernan barometer to be acceptable but permits and provides procedures for firms to offer alternate products. 9141120

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