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B-189420 1 (1978-07-24)

handle is hein.gao/gaobadgfu0001 and id is 1 raw text is: _ICI Sf. THE COMPTCL&LER OENURAL DECISION . . O . CF TIM I UNiTfn Ca7.ATES ;CWASMNGTON, 0.C. 20649 FILE: B-189420 DATE: July 2b, 1978 MATTER OF: Noble Pine Products Co. DIGFST: Contracting officer's determination of non- responsibility, based upon offeror's failure to receive FDA approval, was reasonable, even though FDA was unable tD evaluate offeror's foreign supplier, where negotiations had proceeded for six montha and new supplies were urgently needed. Burden is on offeror to obtain such approval either before or within reasonable time after submitting proposal. Noble Pine Products Co. wotests the award of two contracts by the Defense Logistics Agency's Defense Personnel Support Center (DPSC), Philadelphia, Pennsylvania, resulting from three solicitations for medicated shampoo. For each of the three solicitations, offers were received from only two companies: Westwood Pharma- couticals and Noble Pine Product.;. In each case Noble Pine submitted the lower offer. Noble Pire indicated that it intended merely to repackage the product it- self and t- subcontract the manufacturing operations to Squire Laboratories and to obtain its raw taterials from a New Jersey distributcr. The DPSC issued solicitation No. DLA120-77-R-K177 (1177) on March 22, 1977, and closed it on April 13, 1977. On April 15, 1977, DPSC requected two preaward surveys be performed on Noble Pine. The first, con- ducted by the Defense Contract Administration Services (DCAS), attempted to evaluate the firm's status as a manufacturer under the Walsh-Healey Act, 41 U.S.C. 5 35 (1970); the second, conducted by the Food and Drug Administration (FDA) was ti evaluate Noble Pine's

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