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B-404047,B-404047.2 1 (2010-12-08)

handle is hein.gao/gaobadoxj0001 and id is 1 raw text is: 


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                         G  A  0Comptroller General
.i      Accountability * Integrity * Reliability                      of the United States
United States Government Accountability Office         DOCUMENT FOR PUBLIC RELEASE
Washington, DC 20548                                 The decision issued on the date below was subject to a
                                                     GAO Protective Order. This redacted version has been
                                                     approved for public release.
                                                     L . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .--

           Decision

           Matter of: NCS Technologies, Inc.

           File:       B-404047; B-404047.2

           Date:       December 8, 2010

           Thomas K. David, Esq., and Kenneth D. Brody, Esq., David, Brody & Dondershine,
           LLP, for the protester.
           Marvin K. Gibbs, Esq., Department of the Air Force, for the agency.
           Linda C. Glass, Esq., and Sharon L. Larkin, Esq., Office of the General Counsel, GAO,
           participated in the preparation of the decision.
           DIGEST

           Protest alleging that the awardee misrepresented its authority to propose the
           product of a specific vendor is denied where the record shows that the awardee
           proposed its own equipment which was reasonably evaluated by the agency as
           meeting the stated requirements.
           DECISION

           NCS Technologies, Inc. (NCST), of Gainesville, Virginia, protests the award of a
           contract to Advance Military Technology, Inc. (AMT), of Lake Oswego, Oregon under
           request for quotations (RFQ) No. FA4890-10-R-5000, issued by the Department of the
           Air Force for fully rugged notebook convertible tablet personal computers. The
           protester alleges that the awardee misrepresented its ability to supply equipment
           manufactured by Getac, Inc.

           We deny the protest.

           BACKGROUND

           The RFQ was issued on July 15, 2010 as a combined synopsis/solicitation for
           commercial items in accordance with Federal Acquisition Regulation (FAR)
           subpart 12.6. The RFQ, issued as a total small business set-aside, required vendors
           to provide fully rugged notebook personal computers (along with related supplies
           and services) and listed minimum requirements for those items.

           Although the RFQ required that vendors' quotations satisfy all the listed salient
           characteristics for the laptop computers, RFQ at 15, the RFQ did not require vendors

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