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B-408625,B-408625.2 1 (2013-11-06)

handle is hein.gao/gaobadpvw0001 and id is 1 raw text is: SG A O Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: DAI, Inc. File: B-408625; B-408625.2 Date: November 6, 2013 Michael A. Hordell, Esq., Michael R. Golden, Esq., and Robert T. Leahy, Esq., Pepper Hamilton LLP, for the protester. CPT George P. Farley, Department of the Army, for the agency. Cherie J. Owen, Esq., and Sharon L. Larkin, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest not filed within 10 days of closing date for proposal receipt, which constituted initial adverse action on agency-level protest, is untimely. 2. Protester is not an interested party to challenge de facto sole-source award where the firm would not be able to provide a product satisfying the solicitation's specifications if the procurement were competed. DECISION DAI, Inc., of Westerville, Ohio, protests the terms of request for proposals (RFP) No. W58RGZ-1 3-R-0023, issued by the Department of the Army, Army Materiel Command, for aviation light utility mobile maintenance carts. Specifically, DAI contends that the carts are not a commercial item, that the agency's specifications are unduly restrictive, and that the acquisition is a de facto sole-source procurement. We dismiss the protest. BACKGROUND The RFP seeks proposals to provide lightweight, all-terrain carts that are capable of transporting aviation personnel, tools, equipment, and small cargo to help support aviation maintenance activities on airfields, tactical bases, and forward operating bases. Agency Report (AR), Tab 3, Capability Production Document, at 5.

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