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B-239213, Jun 29, 1990, 90-1 CPD 470

B-239213 Jun 29, 1990
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Highlights

PROCUREMENT - Bid Protests - GAO procedures - Duplicate submission DIGEST: General Accounting Office denies protest concerning the acceptability of bulk fuel foam offered as an alternate for an approved source where the identical issue was resolved in a recent and previous protest involving the same agency and the same parties. The issue raised in this protest is identical to the one resolved in Crest-Foam Corp. The protester relies upon the same arguments considered in the previous decision in which we held that it was reasonable for the agency to determine that Foamex's product was technically acceptable where the agency subjected Foamex's bulk fuel foam to the tests specified in the solicitation and the test results demonstrated that the product satisfied the solicitation requirements.

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B-239213, Jun 29, 1990, 90-1 CPD 470

PROCUREMENT - Bid Protests - GAO procedures - Duplicate submission DIGEST: General Accounting Office denies protest concerning the acceptability of bulk fuel foam offered as an alternate for an approved source where the identical issue was resolved in a recent and previous protest involving the same agency and the same parties.

Attorneys

Crest-Foam Corporation:

Crest-Foam Corporation protests any award of a contract to Foamex, a division of Knoll International Holdings, Inc., under request for proposals (RFP) No. F09603-90-R-62314, issued by the Department of the Air Force for bulk fuel foam for A-10A aircraft. Crest-Foam contends that the bulk fuel foam offered by Foamex does not comply with the RFP specifications.

We deny the protest.

The issue raised in this protest is identical to the one resolved in Crest-Foam Corp., B-234628.3, June 20, 1990, 90-1 CPD Para., which involved the approval of Foamex's bulk fuel foam in another Air Force bulk fuel foam procurement for a different base. Here, the protester relies upon the same arguments considered in the previous decision in which we held that it was reasonable for the agency to determine that Foamex's product was technically acceptable where the agency subjected Foamex's bulk fuel foam to the tests specified in the solicitation and the test results demonstrated that the product satisfied the solicitation requirements. Accordingly, we denied Crest-Foam's protest. Since the issue raised by Crest-Foam in this protest is identical to the one resolved in our decision of June 20, it is also denied.

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