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B-282150 1 (1999-06-04)

handle is hein.gao/gaocrptajiw0001 and id is 1 raw text is: Comptroller 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: Wellco Enterprises, Inc. File: B-282150 Date: June 4, 1999 Joel R. Feidelman, Esq., Anne B. Perry, Esq., Jonathan S. Aronie, Esq., and Shelby L. Katz, Esq., Fried, Frank, Harris, Shriver & Jacobson, for the protester. Michael Trovarelli, Esq., and Maria Ventresca, Esq., Defense Logistics Agency, for the agency. Aldo A. Benejam, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency reasonably rejected the protester's proposal as technically unacceptable where the protester took exception in its proposal to material specification requirements in the solicitation. 2. There is no basis to object to agency decision not to communicate with offeror regarding whether it intended to comply with material specification requirements contained in solicitation's purchase description, since any such communication would have constituted discussions, not clarifications, and the solicitation clearly notified offerors of the agency's intention to make award without discussions. DECISION Wellco Enterprises, Inc. protests the rejection of its proposal as unacceptable and the award of a contract to Cove Shoe Co. under request for proposals (RFP) No. SPO100- 98-R-0021, issued by the Defense Supply Center Philadelphia (DSCP), Defense Logistics Agency (DLA), for intermediate, cold/wet boots with safety toe. Wellco argues that the agency unreasonably rejected its proposal. Wellco also argues that Cove's participation in the procurement presented an organizational conflict of interest which should have disqualified the firm from receiving the award. We deny the protest.

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