About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline



B-400088,B-400089 1 (2008-07-14)

handle is hein.gao/gaobadang0001 and id is 1 raw text is: 




        G    A     0Comptroller General
      Acountability * Integrity I Reliabity                        of the United States
United States Government Accountability Office
Washington, DC20548

            D  ..
        Decision


        Matter  of: Advanced  Seal Technology, Inc.

        File:       B-400088; B-400089

        Date:       July 14, 2008

        Thomas  C. Doepker for the protester.
        Richard Ferguson, Esq., Defense Logistics Agency, for the agency.
        Eric M. Ransom, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
        GAO,  participated in the preparation of the decision.
        DIGEST

        Protests challenging agency's decision to proceed with procurements for an item
        requiring source approval on the basis that the protester was deprived of a
        reasonable opportunity to requalify its alternate item is denied where the protester
        was notified of its removal as an approved source and the reasons for the removal
        before the challenged solicitations were issued; contracting agency need not delay a
        proposed procurement while a vendor pursues qualification of its product.
        DECISION

        Advanced  Seal Technology, Inc. (AST) protests the issuance of an order to another
        vendor under request for quotations (RFQ) No. SPM7M3-08-T-7834, and the terms of
        request for quotations (RFQ) No. SPM7M1-08-U-C373, issued by the Defense
        Logistics Agency (DLA), Defense Supply Center-Columbus (DSCC) for mechanical
        seals, National Stock Number (NSN) 4320-01-279-2321 (NSN 2321).

        We  deny the protests.

        BACKGROUND

        NSN  2321 is a critical application item, thus, a designated Engineering Support
        Activity (ESA) is required to approve all sources. DLA Instruction 3200.1. In this



        'A critical application item is an item the failure of which could injure personnel or
        jeopardize a vital agency mission. Federal Acquisition Regulation (FAR) § 46.203.