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B-182502 1 (1975-10-17)

handle is hein.gao/gaobadcul0001 and id is 1 raw text is: L p THE COMPTROLLER GENERAL DECISION - * OF THE UNITED STATES WASHINGTON, D. C. 20548 1 66 FILE: B-182502 OATE:October 17,1975 MATTER OF: D. Moody & Company, Inc. 7 ov DIGEST: 1. Based upon review of agency determination that samples of surplus parts were used or refurbished, GAO concludes determination is rationally-founded, despite protester's unsupported contrary allegations. 2. GAO cannot conclude that Department of Air Force's needs for particular procurement could have been satisfied through purchase of used or reconditioned tube assemblies, although GAO agrees with protester's objection to use of blanket pro- hibition. 3. Several grounds of protest regarding procuring agency's request to submit samples are considered untimely filed under Interim Bid Protest Procedures and Standards (4 c.F.R. 9 20 (1975)), in effect when protest %-as filed, since samples were submitted without objection and protest was not filed until approximately 6 months later. In February 1974, an announcement in the Commerce Business Daily stated that the San Antonio Air Logistics Center, Department of the Air Force, was contemplating a select source order with United Aircraft of Canada, Ltd., for 196 tube assemblies applicable to the R1830 engine. Notwithstanding the select source nature of the purchase, the announcement further provided that offers would be considered from firms having new unused, on hand before inventory items. The Department advises that the announcement incorporated by reference a requirement that firms offering surplus material were required to certify that the material being offered was new, unused, and meets applicable specifications; and, is offered without rework or refurbishment. Several offerors, including D. Moody & Company, Inc. (Moody), responded to the announcement. All concerns were surplus dealers. - 1 -

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