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B-293529 1 (2004-03-22)

handle is hein.gao/gaocrptapli0001 and id is 1 raw text is: G A 0 Comptroller General SIntegrity Reliability of the United States ~ccountabthty Inert Rea iy United States General Accounting Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: Associated Aircraft Manufacturing & Sales, Inc. File: B-293529 Date: March 22, 2004 John J. Fausti, Esq., John J. Fausti & Associates, for the protester. Richard Ferguson, Esq., Defense Logistics Agency, for the agency. Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency improperly awarded contract to an unapproved source is denied where awardee purchased company identified in solicitation as an approved source, and agency activity responsible for source approval sanctioned the award. DECISION Associated Aircraft Manufacturing & Sales, Inc. protests the award of a contract to Signal Technology Corp. under solicitation No. SP0920-03-R-X723, issued by the Defense Logistics Agency (DLA) for radio frequency detectors for use by the Department of the Navy. Associated principally asserts that the award was improper because Signal was not listed in the solicitation as an approved source. We deny the protest. The solicitation called for an indefinite quantity of radio frequency detectors, NSN 5895-00-122-1556, a critical application item. The solicitation listed three approved sources--Associated, BAE Systems, Inc. and ST Innowave--that were eligible for award, and provided for award on a best value basis. Two offerors-- Associated and Signal--responded to the solicitation. Signal requested in its proposal that it be assigned the approved source status of Innowave, because it had purchased Innowave. DLA forwarded the request to the Navy's Engineering Support Activity (ESA) for approval. The ESA initially approved the request subject to Signal's product receiving first article test (FAT) approval, but subsequently agreed to waive the FAT requirement. Thereafter, the agency selected Signal for award. Associated maintains that the award was improper because Signal was not listed in the solicitation as an approved source. This argument is without merit. An agency

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