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B-281384 1 (1999-02-03)

handle is hein.gao/gaocrptajgn0001 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 I
                                                     GAO Protective Order. This redacted version has been
                                                     approved for public release.



             Matter of: Bulova Technologies LLC

             File:       B-281384; B-281384.2

             Date:       February 3, 1999

             Glenn A. Rowley, Esq., John E. McCarthy, Jr., Esq., and Donald E. Sovie, Esq.,
             Crowell & Moring, for the protester.
             Larisa A. Trainor, Esq., Anne B. Perry, Esq., and Louis D. Victorino, Esq., Fried,
             Frank, Harris, Shriver & Jacobson, an intervenor.
             Larry Brady, Esq., Gerald T. Williams, Esq., and Maj. Cynthia M. Mabry, U.S. Army
             Materiel Command, for the agency.
             Marie Penny Ahearn, Esq., and John M. Melody, Esq., Office of the General Counsel,
             GAO, participated in the preparation of the decision.
             DIGEST

             1. Allegation that protester would have been able to eliminate certain deficiencies
             in the portion of its proposal related to a certain item, had the agency made
             predecessor contract information available, is untimely where first raised after
             closing time for receipt of proposals and protester knew that the item had been
             used under prior contract (and actually requested that the item be provided as
             government-furnished equipment), but neither requested information about the item,
             nor protested its omission from the solicitation prior to the closing time.

             2. Protest that agency improperly considered offerors' experience in manufacturing
             specific item being acquired is denied where evaluation factors encompassed
             consideration of such experience.

             3. Protest that evaluation improperly was based on unstated criteria--methodology
             to mitigate component obsolescence of a specific component--is denied where,
             contrary to protester's position, record indicates that evaluation was conducted on
             basis of general methodology to mitigate component obsolescence, as provided for
             in solicitation, and protester failed to present a plan in this area.

             4. Protest that agency improperly evaluated protester's price assumption--that
             component parts will function properly when manufactured to technical data
             package and assembled--as inconsistent with solicitation is denied, where
             solicitation specifically provided that contractor was not to assume that all possible

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