Gentex Corporation

B-271381 Jun 18, 1996 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Protest challenging award on ground that offered item does not comply with qualified products list requirement is denied where the solicitation did not require compliance with this requirement. Military cleaning and marking instruction into the contract is denied since there is no showing that protester was prejudiced by the agency's action. The solicitation was issued on September 8. Offerors were invited to complete two pricing schedules for each CLIN: an "ALL-OR-NONE PRICING" schedule and/or a "STAND-ALONE PRICING" schedule. No technical description or technical specifications were set forth. Offerors were not required to submit any type of sample for inspection or testing. CMI requirements were terms of the solicitation. View Decision Matter of: Gentex Corporation File: B-271381 Date: June 18, 1996 Protest challenging award on ground that offered item does not comply with qualified products list requirement is denied where the solicitation did not require compliance with this requirement. Protest challenging agency's post-award modification that incorporated qualified products list, engineering data list, and military cleaning and marking instruction into the contract is denied since there is no showing that protester was prejudiced by the agency's action. Attorneys DECISION Gentex Corporation protests the award of a contract to Scott Aviation under request for proposals (RFP) No. SPO920-95-R-X035, issued by the Defense Logistics Agency (DLA), Defense Electronic Supply Center (DESC), for two sizes of pilot pressure-demand breathing oxygen masks and related facepiece assemblies, a bracket assembly, and guide cable components. Gentex challenges the award to Scott on the ground that a mandatory component of Scott's offered oxygen mask does not appear on the applicable qualified products list (QPL). Gentex further protests a post-award modification that in essence requires Scott to comply with the QPL requirement along with certain engineering data list (EDL) and military cleaning and marking instruction (CMI) requirements. We deny the protest. The solicitation was issued on September 8, 1995, and required offerors to propose unit prices and delivery schedules for eight contract line item numbers (CLIN) for a base year with 2 option years. Offerors were invited to complete two pricing schedules for each CLIN: an "ALL-OR-NONE PRICING" schedule and/or a "STAND-ALONE PRICING" schedule. In this regard, the RFP provided that the government could make one award or "a combination of awards," depending on which price or combination of prices -- considered in context with the corresponding delivery schedules -- would result in the "lowest estimated overall cost" to the agency. Each CLIN corresponded to one of the specified oxygen masks or related equipment assemblies. Of significance to this protest, the item descriptions for the oxygen masks -- CLIN Nos. 0001 and 0005 -- listed the masks by their national stock number (NSN), as well as by Scott's and Gentex's commercial and government entity number and individual manufacturer part numbers. Except for the NSN and manufacturer identification information, no technical description or technical specifications were set forth, or incorporated by reference, in the RFP. Offerors were not required to submit any type of sample for inspection or testing. By the September 28 closing date, only Scott and Gentex had submitted proposals. By letter dated November 14, after concluding discussions with each offeror, DESC requested best and final offers (BAFO). Both Scott and Gentex responded that their initial proposals remained unchanged. On November 30, DESC awarded a contract for CLIN Nos. 0001 through 0005 and CLIN No. 0007 (the two oxygen masks and related facepiece assemblies) to Scott. Gentex received a contract award for CLIN Nos. 0006 and 0008 (the bracket assembly and guide cable components). On January 15, 1996, DESC notified Gentex of the Scott award. On January 26, Gentex attended an agency debriefing and asked DESC whether Scott's offered mask contained a mandatory QPL component -- a combination inhalation/exhalation valve which controls the mask's oxygen flow. Gentex also asked DESC whether Scott's offered mask complied with an Air Force EDL, which -- in addition to recommending QPL component compliance -- sets forth other preferred technical specifications for the mask being procured here. Finally, Gentex asked DESC whether Scott's offered mask adhered to CMI No.