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B-292696 1 (2003-11-03)

handle is hein.gao/gaobacyqa0001 and id is 1 raw text is: I G A 0Comptroller General .. . .Accountability * Integrity * Reliability of the United States United States General Accounting Office Washington, DC 20548 D .. Decision Matter of: National General Supply, Inc. File: B-292696 Date: November 3, 2003 Robert G. Fryling, Esq., Blank Rome, for the protester. Aimee M. Nolan, Esq., for W. W. Grainger, Inc., an intervenor. Lawrence M. Anderson, Esq., Department of the Air Force, 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 solicitation improperly fails to prohibit contractor from providing the agency with products from the contractor's own inventory or catalog is denied, since such a prohibition is not required by law or regulation, and any competitive advantage to an offeror results solely from its business structure, not from improper agency action. DECISION National General Supply, Inc. protests the terms of request for proposals (RFP) No. F04666-03-R-0026, issued by the Department of the Air Force for a contractor-operated civil engineering supply store (COCESS). National maintains that the solicitation improperly allows the contractor to provide supply items that it obtained from its own inventory or catalogs, which allegedly provides large businesses a pricing advantage not available to small businesses that do not maintain an inventory or catalogs. We deny the protest. The solicitation calls for the contractor to run a COCESS to provide the agency with building materials and tools for maintenance and improvement projects. In addition to the inventory held at the store, the contractor is required to provide items through an electronic catalog. Contract line item number (CLIN) 0001 calls for fixed prices for approximately 1,400 hardware items the agency will purchase on a regular basis. CLIN 0002 concerns hardware items used less often, such as special tools. These are non-priced items (NPI) for which the contractor will be paid on a cost

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