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B-281521 1 (1999-02-22)

handle is hein.gao/gaocrptajhf0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Chant Engineering Company, Inc. File: B-281521 Date: February 22, 1999 Philip Chant for the protester. Susan Spiegelman-Boyd, Esq., Department of the Navy, for the agency. Adam Vodraska, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Procuring agency reasonably determined that protester's proposal was unacceptable and excluded it from the competitive range in a solicitation for a commercial item where the protester was not offering commercial off the shelf equipment, as required, but was merely offering to fabricate, for the first time after award, equipment that met the specification. DECISION Chant Engineering Company, Inc. protests the exclusion of its proposal from the competitive range under request for proposals (RFP) No. N00164-98-R-0064, issued by the Department of the Navy, Naval Surface Warfare Center, Crane (Indiana) Division, for a manual electro-hydraulic servo valve test station for the Corpus Christi Army Depot. We deny the protest. The RFP was issued on May 5, 1998, under the commercial item acquisition procedures of Federal Acquisition Regulation (FAR) part 12. RFP at 1. The RFP required the test station (also referred to as a stand) to be commercial off the shelf equipment designed to assemble, troubleshoot and test aircraft proportional nozzle type and jet pipe type Electro-hydraulic Servovalves with various configurations. Id. at 17. The RFP included the full text of FAR § 52.212-4, Contract Terms and Conditions--Commercial Items, which incorporates by reference the FAR § 52.202-1 definition of commercial item.1 Id. at 6. 1Under FAR § 52.202-1(c), a commercial item is defined, in relevant part, as: (1) Any item . . . that is of a type customarily used for nongovernmental purposes and that-- (continued...)

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