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B-279714 1 (1998-07-14)

handle is hein.gao/gaocrptahtk0001 and id is 1 raw text is: 


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




             Matter of: Instrument Specialists, Inc.

             File:       B-279714

             Date:       July 14, 1998

             Carl Payne Tobey, Jr., Esq., for the protester.
             Darryl Bardusch, Esq., Maj. Michael J. O'Farrell, and Col. Nicholas P. Retson,
             Department of the Army, for the agency.
             Paul E. Jordan, Esq., and Paul I. Lieberman, Esq., Office of the General Counsel,
             GAO, participated in the preparation of the decision.
             DIGEST

             1. Protest that solicitation requirements for monthly on-site maintenance tasks and
             relatively fast turn-around time for off-site repairs are unduly restrictive of
             competition is denied where record establishes that the requirements were
             reasonably designed to ensure that the agency's actual needs would be met.

             2. Agency is not required to structure solicitation requirements to eliminate
             competitive advantages of offerors located closer to site of performance where
             advantages did not result from any unfair government action.
             DECISION

             Instrument Specialists, Inc. (ISI) protests the terms of solicitation No. DADA16-98-T-
             0162, issued by the Department of the Army as a total small business set-aside, for
             repair and maintenance of general and specialized surgical instruments. ISI
             contends that the specifications are unduly restrictive.

             We deny the protest.

             The solicitation contemplated the award of a fixed-price, requirements contract for
             a 6-month base period with four, 1-year options, under which the awardee will
             perform on-site repair and preventive maintenance on a monthly basis and off-site
             services on an as-needed basis. Off-site turn-around time may not exceed
             15 working days. According to the statement of work (SOW), at 5:

                   Repair and preventive maintenance work shall include sharpening,
                   adjusting, polishing, cleaning, realignment and replacement of parts
                   that are lost, worn, or broken to like new condition on Government-
                   owned general and specialized surgical instruments for Tripler

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