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B-287609.2 1 (2001-07-20)

handle is hein.gao/gaocrptamqk0001 and id is 1 raw text is: G A O0 Comptroller General A a * Integrity Reliability of the United States ~ccountabthty Inert Rea iy United States General Accounting Office Washington, DC 20548 Decision Matter of: McRae Industries, Inc. File: B-287609.2 Date: July 20, 2001 Alan M. Grayson, Esq., and James A. McMillan, Esq., Grayson & Kubli, for the protester. Andrew Starr, Esq., Dykema Gossett, for Wolverine World Wide, Inc., and Thomas C. Wheeler, Esq., and Sheila C. Stark, Esq., Piper, Marbury, Rudnick & Wolfe, for Belleville Shoe Manufacturing Company, intervenors. Michael Trovarelli, Esq., Sharif T. Dawson, Esq., and Mike McGonigle, 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. Protester is an interested party to challenge contracting agency's alleged waiver of solicitation testing requirements notwithstanding that it did not submit a proposal where, if protest were sustained, the protester would have an opportunity to compete under a revised solicitation. 2. Allegation that in connection with a procurement for boots agency improperly waived solicitation's strict sample test requirements is denied where the agency reasonably determined that all offerors' samples would have passed the omitted tests, the end items will be subjected to the solicitation's strict field performance requirements, and the protester was not prejudiced by the agency's actions. DECISION McRae Industries, Inc. protests the award of contracts to Belleville Shoe Manufacturing Company and Wolverine World Wide, Inc. under request for proposals (RFP) No. SPO100-00-R-0050, issued by the Defense Supply Center Philadelphia (DSCP) for intermediate cold/wet boots with removable insulated booties. McRae, who did not submit a proposal, contends that DSCP improperly waived required tests of the boots. We deny the protest.

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