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B-287468 1 (2001-07-02)

handle is hein.gao/gaocrptamps0001 and id is 1 raw text is: 




         G     A     0                                                 Comptroller General
             SIntegrity Reliability                                     of the United States
 ~ccountabthty Inert Rea iy
United States General Accounting Office                DOCUMENT FOR PUBLIC RELEASE
Washington, DC 20548                                  The decision issued on the date below was subject to a
                                                      GAO Protective Order. This redacted version has been
                                                      approved for public release.

          Decision

          Matter of: OSRAM SYLVANIA Products, Inc.

          File:        B-287468

          Date:        July 2, 2001

          E. Sanderson Hoe, Esq., and Suzanne L. Karbarz, Esq., McKenna & Cuneo, for the
          protester.
          Judith A. Miller, Esq., Kathleen L. Beggs, Esq., and Lisa M. Duggan, Esq., Williams &
          Connolly, for COMSUP Commodities, Inc., an intervenor.
          Michelle S. Pavlak, Esq., Defense Logistics Agency, for the agency.
          Paul I. Lieberman, Esq., and Michael R. Golden, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          1. Agency reasonably determined to award a contract for the sale of excess
          stockpiled tungsten to the offeror whose evaluated price was high under every
          reasonable price evaluation under a solicitation where all the award criteria were
          effectively structured to provide for award to the technically acceptable offeror that
          proposed the highest total evaluated price.

          2. Agency award of the entire sale quantity offered by the government to a single
          commodities broker offeror is unobjectionable where it is permissible under the
          solicitation and the agency properly performed the requisite statutory market
          analysis to support its determination that the sale would not cause undue market
          disruption.
          DECISION

          OSRAM SYLVANIA Products, Inc. protests the award of contract No. SP0833-01-S-
          12055 to COMSUP Commodities, Inc., by the Defense National Stockpile Center
          (DNSC), Defense Logistics Agency, for the sale of certain excess stockpiled

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