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B-275813.2 1 (1997-04-23)

handle is hein.gao/gaocrptafvs0001 and id is 1 raw text is: 


oComptroller General
             of the United States
             Washington, D.C. 20548
             Decision




             Matter of: Apache Enterprises, Inc.

             File:       B-275813.2

             Date:       April 23, 1997

             J. Michael Slocum, Esq., Slocum & Boddie, for the protester.
             Joshua A. Kranzberg, Esq., and H. Bruce Bartholomew, Esq., Department of the
             Army, for the agency.
             Guy R. Pietrovito, Esq., and James A. Spangenberg, Esq., Office of the General
             Counsel, GAO, participated in the preparation of the decision.
             DIGEST

             1. Protest that source controlled components offered by the awardee were not
             properly qualified is denied where the record shows that the components satisfied
             the qualification requirements specified in the applicable drawings.

             2. Protester was not prejudiced by the procuring agency's failure to identify in the
             solicitation the awardee as an approved source for the components where the
             record does not show or otherwise evidence that the protester would or could have
             altered its bid to its competitive advantage had the protester known of this source
             approval.
             DECISION

             Apache Enterprises, Inc. protests the award of a contract to Panelite Engineering,
             Inc. under invitation for bids (IFB) No. DAAJ09-96-B-0046, issued by the U.S. Army
             Aviation and Troop Command for night vision modification kits.

             We deny the protest.

             The IFB, issued June 21, 1996, as a small business set-aside, sought 28 night vision
             modification kits to be provided to the Republic of Korea under the Foreign Military
             Sales program. The night vision kits consist of 39 components, three of which (two
             postlight bases and one postlight cap) are identified as source approved items. The
             postlight bases and cap provide illumination for aircraft control panels under night
             vision conditions.

             The IFB identified drawings required for the kit components. These drawings
             identified Apache as the only approved source for the postlight bases and caps, and
             stated the requirements for source approval. Among other things, sources seeking


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