PROCUREMENT - Bid Protests - GAO procedures - Reconsideration DIGEST: Protest is dismissed where the issue was considered and denied in an earlier protest involving the same parties. The protest is dismissed.
B-237786, Dec 27, 1989, 89-2 CPD 601
PROCUREMENT - Bid Protests - GAO procedures - Reconsideration DIGEST: Protest is dismissed where the issue was considered and denied in an earlier protest involving the same parties.
The Castoleum Corporation:
The Castoleum Corporation protests the terms of request for proposals (RFP) No. DLA400-90-R-0341, issued by the Defense Logistics Agency (DLA) for Rust-Lick 606, an aircraft engine corrosion preventative. Castoleum contends that the RFP, which permits the award of alternate items identical to the specified approved source item under the "Products Offered" clause, improperly requires offerors, who propose alternate items, to bear the cost of required qualification testing.
We dismiss the protest.
We recently considered and denied Castoleum's protest of request for proposals No. DLA400-89-R-0933, issued by DLA for the Rust-Lick product. In Castoleum Corp., 69 Comp.Gen. ***, B-236573, Dec. 13, 1989, 89-2 CPD Para. ***, we held that DLA could properly reject Castoleum's alternate item in a procurement involving this "Products Offered" clause, where Castoleum refused to bear the costs of qualification testing. Since we concluded that the agency can require offerors to bear the costs of testing necessary to approve the offerors' alternate items, no purpose would be served in reconsidering this issue here.
The protest is dismissed.