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B-280374 1 (1998-09-23)

handle is hein.gao/gaocrptahve0001 and id is 1 raw text is: 


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

             Decision                                 DOCUMENT FOR PUBLIC RELEASE
                                                     The decision issued on the date below was subject to a
                                                     GAO Protective Order. This redacted version has been
                                                     approved for public release.




             Matter of: B3H Corporation

             File:       B-280374

             Date:       September 23, 1998

             Ira E. Hoffman, Esq., and Alan M. Grayson, Esq., Grayson and Associates, P.C., for
             the protester.
             Donal R. Myrick, Spectrum Sciences & Software, Inc., an intervenor.
             Clarence D. Long III, Esq., and Lt. Col. Gregory B. Porter, Department of the Air
             Force, for the agency.
             Katherine I. Riback, Esq. and Paul Lieberman, Esq., Office of the General Counsel,
             GAO, participated in the preparation of the decision.
             DIGEST

             1. Protester's speculation that a competing firm has an incentive to falsely conclude
             that certain items being acquired by agency are not compatible with firm's software
             used to process the items, thereby improving its chances for subsequent awards for
             the items, does not provide a basis to require that the firm be prohibited from
             competing.

             2. Agency is not required to structure solicitation requirements to eliminate
             competitive advantages allegedly possessed by a contractor by virtue of its
             particular circumstances, where advantages did not result from any unfair
             government action.

             3. Protest that agency engaged in allegedly improper communications with the
             prospective awardee is denied where the record does not support allegations.
             DECISION

             B3H Corporation protests the issuance of a purchase order to Spectrum Sciences &
             Software, Inc., under request for quotations (RFQ) No. F44650-98-T0130, issued by
             the Department of the Air Force for certain weapon safety descriptors, also known
             as footprints. The protester principally argues that Spectrum should have been
             found ineligible for consideration due to an alleged conflict of interest.


We deny the protest.

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