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B-282843 1 (1999-08-30)

handle is hein.gao/gaocrptajkq0001 and id is 1 raw text is: t)Comptroller General of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: National Aerospace Group, hie. File: B-282843 Date: August 30, 1999 Karl Dix, Jr., Esq., Smith, Currie & Hancock, for the protester. John Arrastia, Jr., Esq., Ruden, McClosky, Smith, Schuster & Russell, for Specialized Metals, an intervenor. Jeffery B. Greer, Esq., and Walter R. Pierce, Esq., Defense Logistics Agency, for the agency. Christina Sklarew, Esq., and Paul I. Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency's justification for sole-source procurement is inadequate where the documentation does not reasonably show that only this exact product will satisfy the agency's needs, and does not show that the agency's need for the item is of unusual and compelling urgency that was not created by a lack of advance planning. 2. Protest is sustained where agency did not provide protester with a reasonable opportunity to demonstrate the acceptability of its alternate pro duct prior to, or in conjunction with, procurement restricted to a sole source, and where rejection of alternate item is based entirely on agency's unsupported assertion that it cannot evaluate alternate without the original equipment manufacturer's technical data. DECISION National Aerospace Group, Inc. protests its exclusion from competition under request for proposals (RFP) No. SP0740-99-R-3210, issued by the Defense Supply Center Columbus (DSCC), Defense Logistics Agency, for a quantity of metallic tubing identified as an approved product, listing its original manufacturer's part number and national stock number (NSN). National contends that the agency's failure to allow the firm to have its own alternate item evaluated deprived National of a reasonable opportunity to compete under the solicitation. We sustain the protest.

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