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B-272067 1 (1996-09-16)

handle is hein.gao/gaocrptaehj0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Kitco, Inc. File: B-272067 Date: September 16, 1996 Randall Finley for the protester. Eric A. Lile, Esq., Department of the Navy, for the agency. Robert Arsenoff, Esq., and Paul I. Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Language in synopsis of proposed source approved procurement inviting potential offerors to submit source approval requests did not guarantee that agency possessed data from the original equipment manufacturer sufficient to determine whether protester's reverse engineered product would be equivalent to the approved product. 2. Protest that delay in providing details of the reasons for disapproving protester's source approval request resulted in competitive prejudice is denied where protester alleges only that, had it known the reasons earlier, it would have pursued commercial markets for its product in lieu of attempting to supply the product to the government. DECISION Kitco, Inc. protests the award of a contract to the Sundstrand Corporation under request for quotations (RFQ) No. N00383-96-Q-FO18, issued by the Department of the Navy for pump diaphragm assemblies. The protester alleges that the agency unduly delayed in providing detailed reasons for the denial of Kitco's source approval request (SAR) and that this delay competitively prejudiced Kitco. We deny the protest. BACKGROUND The proposed acquisition was synopsized in the Commerce Business Daily (CBD) on January 16, 1996. The synopsis advised potential offerors that the pump diaphragm assemblies had to be obtained from Sundstrand--the only currently approved source for this flight critical item. The synopsis further provided that, although the time required for approval of new sources is normally such that award 1013916

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