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B-400540 1 (2008-11-26)

handle is hein.gao/gaobadaqu0001 and id is 1 raw text is: L G A O Comptroller General Accuntabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: Nordic Air, Inc. File: B-400540 Date: November 26, 2008 Kevin P. Mullen, Esq., David E. Fletcher, Esq., Cooley Godward Kronish LLP, for the protester. David J. Taylor, Esq., William J. Spriggs, Esq., Katherine A. Allen, Esq., and Rachel W. McGuane, Spriggs & Hollingsworth, for the intervenor. Angela J. Cosentino, Esq., and Marvin D. Rampey, Esq., Department of the Navy, for the agency. Susan K. McAuliffe, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest of agency's award to firm that offered products that have not been assigned the national stock numbers (NSN) referenced in solicitation is denied where solicitation referenced NSNs for illustrative purposes to describe types of required items, along with list of salient characteristics of the items, and encouraged offerors to propose alternative terms and commercial items to meet solicitation's requirements. DECISION Nordic Air, Inc., of West Geneva, Ohio, protests the award of a contract to Air Rover, Inc., of Tyler, Texas, under request for proposals (RFP) No. N00164-08-R-JS25, issued by the Department of the Navy, Naval Surface Warfare Center, Crane Division, Crane, Indiana, for environmental control units (ECU). Nordic contends that the Air Rover proposal failed to meet material solicitation requirements in that the awardee did not propose to provide ECUs with the same NSNs as those included in product descriptions under four contract line item numbers (CLIN) for various types and sizes of required ECUs. The protester, the only firm that manufactures ECUs with the NSNs referenced in the RFP, alleges that the agency improperly relaxed the RFP's requirements for Air Rover by accepting its proposal of ECUs that have not been assigned the NSNs referenced in the RFP and thus will not comply with additional detailed specifications associated with the referenced NSNs.

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