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B-292819.2 1 (2004-04-26)

handle is hein.gao/gaocrptapid0001 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: Firearms Training Systems, Inc.

          File:        B-292819.2; B-292819.3; B-292819.4

          Date:        April 26, 2004

          James H. Roberts, III, Esq., Van Scoyoc Kelly, for the protester.
          Michael A. Hordell, Esq., Laura L. Hoffman, Esq., Jennifer W. Persico, Esq., and
          Charles H. Carpenter, Esq., Pepper Hamilton, for Advanced Interactive Systems, Inc.,
          an intervenor.
          Clarence D. Long, III, Esq., and Robert M. Allen, Esq., Department of the Air Force,
          and Thedlus L. Thompson, Esq., General Services Administration, for the agencies.
          Sharon L. Larkin, Esq., and Ralph 0. White, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          1. Protester's challenge to a task order placed against a Federal Supply Schedule on
          the grounds that it includes items not on the awardee's schedule is denied, where the
          record shows that the agency conducted a full and open competition; to the extent
          that the agency failed to comply with the requirements of Federal Acquisition
          Regulation § 8.401(d), such violations did not prejudice the protester.

          2. Protest that the agency violated Federal Acquisition Regulation Part 12 because
          the awardee's weapons simulator and its components were not commercial items is
          denied, where the record shows that both are commercial items; absent a solicitation
          provision or some indication that proposed items are not commercial, an agency is
          not required to formally evaluate and document whether proposed items are in fact
          commercial items when using commercial items procedures.

          3. Protester's challenge to the agency's finding that its proposed weapons simulator
          was technically unacceptable because the proposal failed to satisfy a ballistics
          validation requirement is denied, where the agency repeatedly requested ballistics
          data for the simulator, much of which was not provided; the protester's
          corresponding challenge to the agency's finding that the awardee's proposed
          weapons simulator complied with the solicitation's technical requirements is denied
          where the record supports the agency's conclusions, and the protester has not
          shown that the agency's interpretations of the solicitation or awardee's proposal
          were unreasonable.

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