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B-311308 1 (2008-06-05)

handle is hein.gao/gaocrptavzy0001 and id is 1 raw text is: 




        G     A A                                                    Comptroller General
                                                                      of the United States
United States Government Accountability Office
Washington, DC 20548



         Decision


         Matter of: Advanced Seal Technology, Inc.

         File:       B-311308

         Date:       June 5, 2008

         Thomas Doepker for the protester.
         Mike Walters, Esq., Defense Logistics Agency, for the agency.
         Eric M. Ransom, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
         GAO, participated in the preparation of the decision.
         DIGEST

         Protest that offeror was deprived of a reasonable opportunity to qualify its alternate
         item is denied where, although the procuring agency failed to promptly notify offeror
         of deficiencies in its item, the record shows that the offeror did not suffer
         competitive prejudice as a result.
         DECISION

         Advanced Seal Technology, Inc. (AST) protests the issuance of an order to Quality
         Control Corporation by the Defense Logistics Agency (DLA), Defense Supply Center
         Columbus (DSCC), under request for quotations No. (RFQ) SPM7M3-07-T-D027 for
         seal assemblies, National Stock Number 4320-01-276-0822 (NSN 0822).

         We deny the protest.

         NSN 0822 is a critical application item,' thus, a designated Engineering Support
         Activity (ESA) is required to approve all sources. DLA Instruction 3200.1. In this
         case, the Naval Surface Warfare Center, Carderock Division is the ESA responsible
         for approval. The approval process consists of the evaluation of a technical data
         package (TDP) supplied by the potential offeror which, if found satisfactory, results
         in conditional approval pending an installation test to ensure the fit and function of
         the proposed alternate item. If the installation test is also satisfactory, the alternate
         item is approved and the offeror is listed as a qualified source. The only sources

         1 A critical application item is an item the failure of which could injure personnel or
         jeopardize a vital agency mission. Federal Acquisition Regulation (FAR) § 46.203.

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