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B-298864 1 (2006-12-26)

handle is hein.gao/gaocrptassj0001 and id is 1 raw text is: 




A         G    A    O                                                   Comptroller General
.       Accountability * Integrity * Reliability                        of the United States
United States Government Accountability 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: Barnes Aerospace Group

          File:        B-298864; B-298864.2

          Date:        December 26, 2006

          Jason A. Carey, Esq., Todd J. Canni, Esq., Kara M. Klaas, Esq., and John G. Horan,
          Esq., McKenna Long & Aldridge, for the protester.
          Randall W. Sweeney for Ferrotherm Corporation, an intervenor.
          Capt. Christopher M. Schumann, Department of the Air Force, for the agency.
          Ralph 0. White, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          1. Protester's contention that the agency unreasonably delayed acting on the
          protester's request to become an approved source is denied where the record shows
          that the delay was not unreasonable.

          2. Protest challenging sole-source procurement justified on the ground that only one
          source is available is sustained where the record shows that the presolicitation
          notice generated an expression of interest from a second source that has made
          significant progress towards becoming an approved source under the agency's
          source approval rules, and the remaining time required for approval is not long; as a
          result, a sole-source award, without considering the viability of the second source as
          part of the justification and approval process, is improper.

          3. Protest is sustained where the record shows that the agency treated offerors
          unequally with respect to the application of its qualification requirements by
          requiring that a source seeking approval follow qualification rules while ignoring
          requalification requirements in those same rules for a previously approved source.
          DECISION

          Barnes Aerospace Group protests the decision of the Department of the Air Force to
          award a sole-source contract to Ferrotherm Corporation under request for proposals
          (RFP) No. FA8104-06-R-0276, issued to procure the repair of certain F100 engine
          parts. Barnes argues that the Air Force unreasonably delayed review of Barnes'
          request for source approval, and awarded to Ferrotherm at an unreasonable price.
          In a supplemental protest, Barnes argues that the agency has unfairly required

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