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B-192439 1 (1978-11-30)

handle is hein.gao/gaobadgrv0001 and id is 1 raw text is: 





                         DOCUMENT  RESUME

08125 - rC33884651

rcharqe of Ina4eqk to and  Unfair Coapetitioan]. 8-192439.
November 30,  197. 5 pp.

Decision re: Mercury Jefullnq,  Inc.;  by Robert F. Keller9
Deputy Comptroller General.

Contct:  Office of the General Counsel:  Piccutement law I.
Orqanization Concerned: Butler Aviation  international, Inc.;
    Department of Defense: Defense Fuel Supply  Center,
    Alexandria, VA.
Authority: aQ C.P.U. 20. 5-189585  (1978). E-190178 (1978).
    Perkins v. Lukens Steel, 310 U.S.  113 (1940).

         The protester alleged ttst the award  r.f a contract was
the result of inadequate and unfair competition because an
alternative product not available to the protester  mas
considered for award. This protest was untimely since it was not
filed prior to the date set for receipt cf  proposals. The
solicitation clearly provided for the consideration cf agecified
alternative products, The fact that the protester as the former
incumbent miqht suffer financial hardship as a result of loss of
the contract provides no basis for questioning the award where
cast was established as the sole criteriao for discriminating
auonq competitors. (Author/SC)

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