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B-261968 1 (1995-11-16)

handle is hein.gao/gaocrptacdn0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision


Matter of: Aircraft Braking Systems Corporation

File:       B-261968

Date:       November 16, 1995

Bruce R. DeYoung, Esq., for the protester.
Albert C. Ruehmann III, Esq., for BF Goodrich Aerospace, an interested party.
Richard P. Castiglia, Jr., Esq., and Curtis Elton, Esq., Department of the Air Force,
for the agency.
Paula A. Williams, Esq., John Van Schaik, Esq., and Michael R. Golden, Esq., Office
of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST

Protest that agency denied protester reasonable opportunity to compete because the
time allowed to qualify its wheel and brake assembly was insufficient is denied
where the record establishes that the protester had as much time as its competitor
to qualify its assembly prior to the issuance of the instant solicitation and the
agency reasonably determined that it could not delay the procurement until the
protester obtained source approval.
DECISION

Aircraft Braking Systems Corporation (ABSC) protests any award under request for
proposals (RFP) No. F42630-95-R-22041, issued by the Department of the Air Force
to acquire an improved wheel and brake assembly for certain F-16 aircraft to
replace those supplied by ABSC under a prior contract. ABSC primarily argues that
a solicitation requirement for radial tire compatibility exceeds the requirements of
the original equipment manufacturer's (OEM) design specifications, is unduly
restrictive, and impermissibly favors its competitor, BF Goodrich Aerospace (BFG).

We deny the protest.

The F-16 C/D fleet consists of two blocks, or types, of aircraft, block 40/42 and
block 50/52. The wheel and brake assemblies sought under the RFP are a part of
the main landing gear for the aircraft. They are considered flight critical items
because a failure of the wheel and brake assembly during operation of the aircraft
could significantly affect flight safety. The prime contractor and OEM of the F-16
fleet is General Dynamics Corporation, Fort Worth Division. The OEM equipped the
block 40/42 aircraft with a wheel and brake assembly manufactured by ABSC, and
the block 50/52 aircraft with a wheel and brake assembly manufactured by BFG.
The ABSC 40/42 assembly and the BFG 50/52 assembly were each qualified to the


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