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B-274131 1 (1996-11-22)

handle is hein.gao/gaocrptaekt0001 and id is 1 raw text is: 


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

Decision




Matter of: Kasco Fuel Maintenance Corp.

File:       B-274131

Date:       November 22, 1996

F. J. Crovato for the protester.
Mort Ende, for Environmental Products Sales Corporation, an intervenor.
Lenore K. Strakowsky, Esq., Department of the Navy, for the agency.
Jeanne W. Isrin, Esq., and John M. Melody, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

Protest that awardee's proposal failed to establish compliance with specifications is
denied where agency reasonably found compliance based on descriptive literature in
proposal and knowledge and literature evaluators already possessed concerning
awardee's equipment; although proposal failed to include information regarding
performance of logistics support requirements, waiver of this deficiency was
unobjectionable since it did not prejudice protester.
DECISION

Kasco Fuel Maintenance Corp. (KFMC) protests the award of a contract to
Environmental Products Sales Corporation (ENPRO) under request for proposals
(RFP) No. N68335-96-R-0109, issued by the Naval Air Warfare Center (NAWC)
Aircraft Division, Lakehurst, New Jersey, for antifreeze recycling units.

We deny the protest.

The RFP contemplated award of a fixed-price contract for machines to recycle
commercial antifreeze from various commercial vehicles and light duty ground
support equipment. Proposals were required to include descriptive literature which
established compliance with performance specifications in the RFP. The evaluation
was to be on a pass/fail basis, with award to be made to the lowest-cost, technically
acceptable offeror. Three proposals were submitted, including KFMC's and
ENPRO's (the third was rejected as unacceptable). Award was made to ENPRO
based on its substantially lower price.

KFMC argues that ENPRO's proposal failed to establish that its unit meets certain
specifications and failed to comply with other requirements and therefore should


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