United States Government Accountability Office
Washington, DC 20548
of the United States
Matter of: Space-Lok, Inc.
January 25, 2006
Jeffrey W. Wade for the protester.
Marc L. Peterson, Esq., and Philip F. Eckert, Jr., Esq., Defense Logistics Agency, for
Jacqueline Maeder, Esq., and John M. Melody, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
1. Protest that 210-day delivery requirement was not a proper basis for issuing
purchase order to another vendor--because it was not specified in solicitation and
because agency’s delays in evaluating quotations and issuing purchase order
demonstrate that there was no need for delivery within that time--is denied; 210-day
delivery requirement specified in synopsis effectively amended solicitation, and
agency’s delays did not negate clearly stated delivery requirement.
2. Protest that awardee will not be able to meet delivery requirement--evidenced by
fact that manufacturer of its quoted items submitted quotation that did not meet the
delivery requirement--is denied where agency reasonably investigated matter and
concluded that awardee could meet requirement.
Space-Lok, Inc. protests the issuance of a purchase order to UFC Aerospace under
request for quotations (RFQ) No. SP0540-05-Q-9679, issued by the Defense Logistics
Agency (DLA), Defense Supply Center, Philadelphia (DSCP), for self-locking barrel
nuts, national stock number (NSN) 5310-01-524-8065, used in the maintenance,
overhaul, and repair of U.S. Army AH-64 Apache helicopters. Space-Lok argues that
DSCP improperly made award based on a 210-day delivery schedule, and that UFS
cannot meet this schedule.
We deny the protest.
The solicitation, issued using simplified acquisition procedures on February 28,
2005, requested quotations for 11,408 barrel nuts, which are one component of a
3-component nut, bolt, retaine