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B-188980 1 (1978-02-24)

handle is hein.gao/gaobadfte0001 and id is 1 raw text is: R. flman PL I THE CCMo'TUOLLER UNEMAL EClalU'3N . . OF TH UNIVEW ETATEW WAUMINGTON, 0.C. 0014 FILE: -188980 DATE: Febni*ar 24., 1978 MATTER OF: Mamoneilan Regulator Company DIGEST; 1. Insofar as protest filed after dat! for receipt of proposals involves allegation that float valve draw- ings Included in RFP are adequate only for emergency on-boardship repair aid not for manufacture of com- plete valves or for evaluation of offers submitte. by any offeror other than protester, it is untimely under 4 C.P.R. 5 20.2(b)(1) (1977). 2. Ability of offeror to manufacture valve on basis of solicitation data will not be reviewed since it involves affirmative determination of respon- sibilit;. 3. Whether valve comaplies with specifications is matter of contract administration which is responsibility of procuring activity, not GAO. On April 27, 1977, the Defense Logistics Agency (DLA) issued request for proposals (RFP) DSA 700-77-R-0912 for the produrement of float valves. May 18, 1977, was established as the date for receipt of proposals, Down East, Inc. (Domn East), and Masoneilan Regulator Company (Masoneilan) submitted timely proposals. DLA awarded the contract to Down East on September 23, 1977. P2soneilan filed a protest with our Office on September 30, 1977. Masoneilan protests in substance that its float valve drawings which were included in the RFP are adequate only for emergency on-board-ship repair and not for the manufac- ture of complete valves. Also, that the drawings are not adequate for evaluating offers submitted by any offeror other than Masoneilan. Insofar as Masoneilan's protest challenges the adequacy of the solicitation for competitive purposes, it is untivi.ly under 4 C.F.R. S 20.2(b)(1) (1977) and not for consideration on the merits since it was filed after the date set for re- ceipt of proposals. 4 C.P.R. S 20.2 (b)(1) (1977) provides in pertinent part as follows: * -l1 -

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