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B-400746,B-400747,B-400750,B-400751,B-400752,B-400785 1 (2009-01-22)

handle is hein.gao/gaobadash0001 and id is 1 raw text is: 




          G    A     O                                                 Comptroller General
KWn ,  Accountability * Integrity * Reliability                         of the United States
United States Government Accountability Office
Washington, DC 20548


              D  ..
          Decision


          Matter  of:  Critical Process Filtration, Inc.

          File:        B-400746, B-400747, B-400750, B-400751, B-400752, B-400785

          Date:        January 22, 2009

          Brent Arbogast for the protester.
          Michael Walters, Esq., and Richard Ferguson, Esq., Defense Logistics Agency, for the
          agency.
          Paul N. Wengert, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          1. Protester's contentions that three agency procurements for brand-name filters
          improperly limit competition are denied where the record shows that the agency is
          procuring the brand-name items using simplified acquisition procedures and has
          adequately justified the use of its brand-name approach under the procedures
          applicable to simplified acquisitions.

          2. Protester's contention that a fourth agency procurement for brand-name filters
          improperly limits competition is sustained where the procurement history
          information set forth in the solicitation shows that the value of the requirement is
          likely to exceed the applicable simplified acquisition threshold of $100,000;
          accordingly, the streamlined procedures applicable to simplified acquisitions cannot
          be used for this requirement.
          DECISION

          Critical Process Filtration, Inc. (CPF) of Nashua, New Hampshire, a small business,
          protests the terms of six solicitations by the Defense Logistics Agency (DLA) for
          various types of brand-name fluid filters which are used in particular weapons
          systems. CPF  argues that the solicitations lack essential information that would
          allow CPF to determine whether it can manufacture the filters itself, and therefore,
          whether to submit responses, and more broadly, that DLA has unjustifiably limited
          competition to specific brand-name items.

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