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B-194879 1 (1979-06-06)

handle is hein.gao/gaobadhhd0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON, 0.C. 20548 FILE: B-194879 DATE: June 6, 1979 MATTER OF: The Perkin-Elmer Corporation DIGEST: 1. Where solicitation lists approved sources for which first article testing will be waived, timely protest contending competitor's device was improperly on list would be reviewed by GAO to determine if waiver was arbitrary or capricious. However, such protest is dis- missed as untimely when filed after bid opening date since alleged impropriety was apparent on face of invitation for bids. 2. Lobjection to agency's affirmative determi- nation of another bidder's ability to meet specification is not reviewed by GAO except in limited circumstances not present here. 3. Protester's request for test data should be made to procuring agency since GAO does not have authority to determine that records of another agency must be released under the Freedom of Information Act. The Perkin-Elmer Corporation (Perkin-Elmer) pro- / tests the contract award to Electronic Controls, Inc. (Electronic Controls), by the Defense Electronics Supply Center, Dayton, Ohio under solicitation No. DLA 900-79- B-2203. The agency advised Perkin-Elmer that the devices to be supplied by Electronic Controls had been subjected to extensive testing under a similar previous procurement and were found to be totally in compliance with the specification pertaining to devices with clutch mech- anisms. The protester offers a device without a clutch as permitted by the specification, and contends that the Electronic Controls device cannot meet another required specification which applies both to devices with and to those without clutches. Perkin-Elmer states that there I

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