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B-190316 1 (1978-01-11)

handle is hein.gao/gaobadfnu0001 and id is 1 raw text is: 







                                 e THE COMrTROLLER GENERAL
          ECIBION          ''      OF * OF THE uNITam BTATEB
                                   W A &H NG TD N  D M .C . 203 e8



          FILE:  B-1903J5                DATE:  January 11, 1978

4-        MATTER  OF:    Joyce Teletronics Corporation


          DIGEST:

          1.  Protest challenging agency interpretation of
              solicit.ation provision rather than propriety
              of that provision is tiaiely when filed within
              10 days of agency's finalization of that inter-
              pretation by contract award.

          2.  In order to submit technically acceptable offet
              under solicitation containing Approved Iterr
              clause parts>.proposed to be furnished must not
              just have been previously supplied to end item
              contractor but must have performed in technically
              acceptable manner.  Offer was properly rejected
              where parts proposed were identical to parts which
              malfunctioned in end units previously supplied.

              Joyce Teletonics  Corporation (Joyce  protests the
          award of contract No. DSA900-77-*C-4949 on September 12,
          1977 by the D-fense Electronics Supply Center (DESC) to
          Calvert Electr'%nics Incorporatei for 1441 mtcrophone/
          receivers (microphone) for use in the Z'N/PRC-90 Survival
          radio (radio) pursuant to RFP DSA900-77-R-2039.  Joyce
          submitted the low offer at $14.85 per unit for the award
          quantity while the contract was awarded at $26.50 per
          unit.

              The protest centers on whether Joyce's offer was prop-
          erly rejected as tichnically unacceptable. The RFP calls
          for incremental quantities of the items described as fol-
          lows:

                  5965-00-421-9007
                  Microphone, Receiver
                  Knowles P/N XL8030
                  GTE Sylvania (04655) 12-483632

          The RFP further provides:


                                     - 1-

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