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B-293027 1 (2004-01-15)

handle is hein.gao/gaocrptapjh0001 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: NABCO, Inc. File: B-293027; B-293027.2 Date: January 15, 2004 Ronald S. Perlman, Esq., and Michael B. Tuite, Esq., Buchanan Ingersoll, for the protester. John D. Pelligrin, Esq., for UXB International, Inc., an intervenor. Michael J. O'Farrell, Jr., Esq., Department of the Air Force, for the agency. Sharon L. Larkin, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Awardee's proposed explosive ordinance disposal total containment vessel (TCV) is a commercial item, even though it is a modified version of an existing commercially available TCV, where the modification is minor and customarily available in the commercial marketplace. DECISION NABCO, Inc. protests the award of a contract to UXB International, Inc., issued by the Department of the Air Force under solicitation No. F13-DEA-32200100, for 15 explosive ordinance disposal total containment vessels (TCV). NABCO contends that UXB's proposed TCV is not a commercial item and does not comply with certain solicitation requirements. We deny the protests. The TCV is a trailer-mounted vessel that permits the safe transport of terrorist devices out of populated areas to areas where the devices can be safely counter charged. The solicitation for TCVs was issued on September 9, 2003 as a combined synopsis/solicitation for commercial items.' The solicitation specified that award 1 The determination to acquire the TCVs as commercial items was made after market research conducted by the Air Force revealed that three firms had available commercial TCVs.

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