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B-271809 1 (1996-07-29)

handle is hein.gao/gaocrptaegd0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Harco Laboratories, Inc. File: B-271809 Date: July 29, 1996 Charles A. Patrizia, Esq., and Sarah M. McWilliams, Esq., Paul, Hastings, Janofsky & Walker, for the protester. Gwendolyn M. Hoover, Esq., Defense Logistics Agency, for the agency. Paula A. Williams, Esq., and Michael R. Golden Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest by small business concern that solicitation for military spare parts requiring contractor to either absorb or price the costs associated with post-award first article testing violates 10 U.S.C. § 2319(d) (1994) is denied where this section requires contracting agency to assume pre-award (not post-award) qualification testing costs for small businesses under certain circumstances. DECISION Harco Laboratories, Inc. protests certain terms of request for proposals (RFP) No. SP0750-95-R-0209, issued by the Defense Supply Center Columbus Region (DSCC), Defense Logistics Agency, for thermocouple assemblies. Harco contends that the requirement for first article testing (FAT) places Harco at a competitive disadvantage because the RFP requires the contractor to absorb or price the costs of the FAT in contravention of 10 U.S.C. § 2319(d) (1994) which was enacted by Congress to increase competition for military spare parts. We deny the protest. As issued on May 30, 1995, the RFP contemplates the award of a firm, fixed-price delivery contract or contracts for a quantity of spare thermocouple assemblies. The thermocouple assembly is a component of the Abrams AGT 1500 gas turbine engine which is used on the M1 Tank; as such, it must meet stringent design and performance specifications to assure field effectiveness and troop safety. This item is classified as a critical engine component and the acquisition is restricted to an approved source. The only approved source for this item is Semco Instruments, Inc., although an offer of assemblies from other manufacturers was permitted subject to source approval. 1104729

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