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B-270998 1 (1996-05-07)

handle is hein.gao/gaocrptaeca0001 and id is 1 raw text is: 


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

Decision



Matter of: Coherent, Inc.

File:       B-270998

Date:       May 7, 1996

Dr. Stephen P. Smith for the protester.
Edward L. Fitzmaurice, Esq., and Capt. Stephen T. Davis, Department of the Air
Force, for the agency.
Adam Vodraska, Esq., and James A. Spangenberg, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST

Agency properly accepted awardee's certification that its proposed laser model
complied with the solicitation's commercial item requirement, where although the
offered product has not been sold, it has been offered for sale to the general public.
DECISION

Coherent, Inc. protests the award of a contract to Laser Systems Devices, Inc.
(LSDI) by the Department of the Air Force under request for proposals (RFP)
No. F19650-95-R-0106, for a single frequency titanium sapphire ring laser. Coherent
contends that the laser model proposed by the awardee fails to meet the
commercial product requirements of the solicitation.

We deny the protest.

The RFP, issued on July 14, 1995, contemplated the award of a firm, fixed-price
contract to the responsible offeror submitting the low, technically acceptable offer.
The RFP specified a brand name, Coherent model 899-01 [Ring Laser] with 895
[Solid Etalon Assembly], or equal. The RFP listed the solicited laser's salient
characteristics and required offerors proposing an equal product to submit
descriptive literature and to specify the manufacturer's name and model number.
The RFP included the clause found at Defense Federal Acquisition Regulation
Supplement (DFARS) § 252.211-7012, Certifications-Commercial Items Alternate I,
which provided that [o]ffers received in response to this solicitation that do not


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