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B-189923 1 (1978-01-12)

handle is hein.gao/gaobadfnz0001 and id is 1 raw text is: I I \ THE COMPTROLLEFi GENERAL DECISION 'OF THE UNITEC D TATUE t/ WASHINGTON, D.C. 20548 FILE: B-189923 DATE: January 12, 1978 OD MATTER OF: American Safety Flight Systems, Inc. DIGEST: 1. Wher notation on source control drawing requires that the manufacturer certify that the system * * * conforms to applicable drawings and docu- ments with respect to design dimensions * * *ef potential offeror could reasonably conclude that agency required strict compliance with the design dimensions of the drawing. However, protester was not prejudiced by dimensional deviations in award- ee's system allowed by agency because protester's proposal contained dimensional deviations which the agency considered to be immaterial. 2. Contehtion that solicitation should be restric- tively drawn as to place protester in sole-source position is nct for consideration as bid protest. GAO will not question agency determination that less restrictive solicitatii will meet Govern- ment's needs absent evidence of fraud or inten- tional misconduct. American Safety Flight systems, Inc. (American Safety) protests -he award of a coatract to Fluid Power, Inc. (Fluid Power) under Request for Puoposals (RFP) DAAJOl-77- R-0410(PIG) :ssued by the U.S. Army Aviation Systems Command (Army) for oxygen systems for the MC-3 Free-Fall Parachute System. Essentially the protester contends that Fluid Pownt should have been rejected as nonresponsive and that Ametican ' Safety did not compete on an equal basis. American Safety had been a sole-source supplier of this item. In order to allow the solicitation of all potential suppliers, the Natick Research and Development Command (NARADCOM) updated the procurement package to include a source control drawing. The technical data necessary for a potential supplier to qualify as an approved source of supply, was issued to 17 potential suppliers. The agency states that American Safety and Fluid Power were the only - A I

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