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B-271381 1 (1996-06-18)

handle is hein.gao/gaocrptaeee0001 and id is 1 raw text is: 


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

Decision



Matter of: Gentex Corporation

File:        B-271381

Date:        June 18, 1996

Ruth E. Ganister, Esq., Rosenthal and Ganister, for the protester.
Jeffery Greer, Esq., and Charles J. Roedersheimer, Esq., Defense Logistics Agency,
for the agency.
Scott A. Ford, Esq., and Gerard F. Doyle, Esq., Doyle & Bachman, for Scott
Aviation, an intervenor.
Behn Miller, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

1. Protest challenging award on ground that offered item does not comply with
qualified products list requirement is denied where the solicitation did not require
compliance with this requirement.

2. Protest challenging agency's post-award modification that incorporated qualified
products list, engineering data list, and military cleaning and marking instruction
into the contract is denied since there is no showing that protester was prejudiced
by the agency's action.

DECISION

Gentex Corporation protests the award of a contract to Scott Aviation under
request for proposals (RFP) No. SP0920-95-R-X035, issued by the Defense Logistics
Agency (DLA), Defense Electronic Supply Center (DESC), for two sizes of pilot
pressure-demand breathing oxygen masks and related facepiece assemblies, a
bracket assembly, and guide cable components. Gentex challenges the award to
Scott on the ground that a mandatory component of Scott's offered oxygen mask
does not appear on the applicable qualified products list (QPL). Gentex further
protests a post-award modification that in essence requires Scott to comply with the
QPL requirement along with certain engineering data list (EDL) and military
cleaning and marking instruction (CMI) requirements.

We deny the protest.


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