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B-414944 1 (2017-10-19)

handle is hein.gao/gaobadupy0001 and id is 1 raw text is: 



GAOU.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                 Comptroller General
Washington, DC 20548                                            of the United States




Decision


Matter of:  Olympus America, Inc.

File:       B-414944

Date:       October 19, 2017

Gary J. Campbell, Esq., Michael A. Hordell, Esq., Kelley P. Doran, Esq., and Kristopher
Berr, Esq., Pepper Hamilton LLP, for the protester.
Michael F. Mason, Esq., Stacy M. Hadeka, Esq., William T. Kirkwood, Esq., and
Thomas A. Pettit, Esq., Hogan Lovells US LLP, for GE Inspecton Technologies, LP, an
i nte rve nor.
Colonel C. Taylor Smith, Colby L. Sullins, Esq., Erika Whelan Retta, Esq., Alexis J.
Bernstein, Esq., and Charles R. Epperson, Esq., Department of the Air Force, for the
agency.
Scott H. Riback, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

Protest that awardee will not comply with the requirements of the Trade Agreements Act
(TAA) is dismissed where solicitation did not include provisions relating to compliance
with the TAA, neither offeror submitted a TAA certificate, and the agency did not
evaluate proposals for compliance with the TAA, thus eliminating the possibility of any
prejudice to the protester.
DECISION

Olympus America, Inc., of Waltham, Massachusetts, protests the award of a contract to
GE Inspection Technologies, LP, of Skaneateles, New York, under request for
proposals No. FA8533-17-R-5387, issued by the Department of the Air Force for a
quantity of borescopes. Olympus argues that the agency should have rejected the GE
proposal for failing to comply with the requirements of the Trade Agreements Act.

We dismiss the protest.

BACKGROUND

The RFP contemplates the award of a fixed-price requirements contract on the basis of
low price for a base year and four 1-year options to purchase three different models of

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