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B-271838 1 (1996-07-30)

handle is hein.gao/gaocrptaegl0001 and id is 1 raw text is: 






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1210815


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

Decision                                  DOCUMENT FOR PUBLIC RELEASE
                                         A protected decision was issued on the date below
                                         and was subject to a GAO Protective Order. This
                                         version has been redacted or approved by the parties
                                         involved for public release.


Matter of: Cosmodyne, Inc.

File:        B-271838

Date:        July 30, 1996

Paul Shnitzer, Esq., Crowell & Moring, and Robert A. Brunette, Esq., for the
protester.
Ronald S. Perlman, Esq., and Frederick P. Hink, Esq., Porter, Wright, Morris &
Arthur, for Pacific Consolidated Industries, an intervenor.
Commander R.B. McKenna and Timothy Lasko, Esq., Department of the Navy, for
the agency.
Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST

1. Protest that awardee's liquid oxygen/nitrogen generator fails to comply with
solicitation requirement for protection against nuclear, biological, and chemical
warfare agent contamination because it does not incorporate a High Efficiency
Particulate Air (HEPA) filter followed by a bed of activated carbon is denied
[deleted].

2. Protest that awardee's liquid oxygen/nitrogen generator will not be able to
continue operating after a chemical warfare agent attack as required by the
solicitation is dismissed as untimely where argument was not raised in agency-level
protest challenging award on other grounds.

3. Protest that awardee's liquid oxygen/nitrogen generator does not meet
solicitation requirement that the unit, without the minor modifications necessary to
meet the requirements of this solicitation, have been previously deployed is denied
where protester fails to demonstrate that modifications to previously deployed unit
were other than minor.

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