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B-271835 1 (1996-07-31)

handle is hein.gao/gaocrptaegk0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision



Matter of: OPS, Inc.

File:       B-271835

Date:       July 31, 1996

Phil Seberger, Jr., for the protester.
Susan Spiegelman-Boyd, Esq., Department of the Navy, for the agency.
Linda C. Glass, Esq., and Paul I. Lieberman, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

1. Protest that agency did not permit sufficient time for offerors to submit product
samples is denied where the agency permitted more than the statutorily required
30 days, adequate competition was expected, there is no indication that the agency
deliberately attempted to exclude the protester from the procurement and, as the
result of a pre-solicitation notice published in the Commerce Business Daily, the
protester was made aware of the general requirement more than 4 months before
the sample was due.

2. The General Accounting Office generally will not consider a protest that an
agency should use more restrictive specifications to meet its minimum needs.

3. Protest that sound reduction requirement for suppressor improperly penalizes
offerors with state-of-the-art design is denied where the requirement reasonably
specifies the agency's minimum needs and the protester's objection is based on an
inaccurate technical premise.
DECISION

OPS, Inc. protests the terms of request for proposals (RFP) No. N00164-96-R-0023,
issued by the Naval Surface Warfare Center, Crane Division (Crane) for suppressors
for the M4A1 Carbine.1


1The M4A1 Carbine is a weapon used by the United States Special Operations
Command (USSOCOM). In an effort to upgrade the Carbine, the agency has issued
a series of procurements of commercial items to improve the Carbine's
performance. The procurements are for components which will be integrated into
an accessory kit for the M4A1 and will allow the Carbine to be tailored to various
mission scenarios.


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