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B-190997 1 (1978-05-11)

handle is hein.gao/gaobadgbh0001 and id is 1 raw text is: A. Zuokerman PL 2 - THE! COMPTROLLEF. GENERAL DECISION . OF THEI UNITED STATES SAS H INGTD N, D.C. 2054 6 FILE: B-190997 rATE: May 1, 1 978 MATTER OF: Trio Chemical Works, Inc. OfGEST: 1. Protest filed after rejection of pro- posal is timely where protest is directed to propriety of proposal re- jection notwithstanding noncompliance with RFP tegirement, rather than,to validity of RFP requirement itself. 2. Rejection of proposail for failure to comply with insecticide labeling requirements, notwithstanding that offered product is chemically identical to acceptable product and can be fur- nished at less cost, is proper where labeling requirements reflect Govern- ment's actual needs, offeror's reg- istered pesticide label does not conform with those needs, and use of pesticide in manner inconsistent with its label- ing would be in violation of Federal law. Trio Chemical Works, Inc. (Trio) protests the award of a contract to any company other than Trio under Request for Proposals (RFP) DSA-400-77-R-3528 issued by the Defense Logistics Agency (DLA). The solicitation was for the acquisition of 115 30-gallon drums of Dichlorvos pesticide. Trio's low offer was rejected because it did not comply with the labeling requirements for the pesticide which were set forth in the RFP as amended, and award was made to another company. Trio asserts that it should have received the award because it offered, at almost half the price, a product that was chemically identical to that of the awardee's pesticide. Trio Suggests that DLA's insistence on compliance with the labeling - 1-

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