About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-206879.2 1 (1982-12-20)

handle is hein.gao/gaobadkum0001 and id is 1 raw text is: 

              4 -   -          ,,tsa 0
                                    %%fTH t CCMPTROLLAR OINEMIAL
               CECISION                  OF THE UNITIUD STATUS
                                         WArn HINSTON, 0.0, a0548



               FILE:  B-206879.2               OATE: December 20, 1982
               MATTEIR OF: Compressor Engineering Corporation--
                             Reconsideration

               ICIGEST:
                    Request for reconsideration of decision
                    upholding agency's determination to restrict
                    procurement of spare air compressor parts to
                    original equipment manufacturer's parts is
                    denied where request for reconsideration does
                    -not show errors of fact or law in original
                    dejision.  Therefore, prior decision is
                    affirmed.

                    Compressor Engineering Corporation (CECO) requests
               reconsideration of our decision in Compressor Engineering
               Corporation, B-206879, October 29, 1982, 82-2 CPD 383. We
               denied CECO's protest aganist award of a contract by the
               Defense Construction Supply Center (DCSC) to Ingersoll-Rand
               Company under solicitation No. DLA700-81-R-3966 for the
               supply of 29 cylinder sleeves for use by the Department of
               the Navy in low pressure air compressors installed on
               various Navy combat ships.  We upheld the restriction of the
               procurement to only firms supplying Ingersoll-Rand parts on
               the basis that the Navy and DCSC did not have fully adequate
               data or sufficient test results to coneuct the procurement
               on an unrestricted basis to assure the requisite reliability
               and interchangeability of parts in accord with Defense
               Acquisition Regulation (DAR) S 1-313 (1976 ed.). The facts
               were fully set forth in our prior decision and will only be
               repeated here insofar as is necessary to resolve CECO's
               request.

                    CECO contends that our decision was based upon factual
               and legal errors and requests reconsideration under section
               21.9(a) of our Bid Protest Procedures. 4 C.F.R. part 21
               (1982). We do not agree with CECO's argumenta and, there-
               fore, the October 29 decision is affirmed.

                    CECO first argues that we erred because our decision
               was based in part upon the fact that the part being
               procured, a cylinder sleeve, was described as a critical
               application item in the solicitation; CECO contends that
               the Navy did not list the part as a Restricted Source
               part on form 1418 until approximately 9 months after the
               solicitation was issued. We disagree with CECO's analysis.





-W                                                           .. . . . . .. ..4- -* --

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most