Dyna-Air Engineering Corp.

B-271587 Jul 08, 1996 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Protest is denied where record does not demonstrate that agency delayed an unreasonable period of time prior to forwarding protester's request for source approval to the design control activity or that the design control activity unduly delayed its review once the request was received. Dyna-Air's offer was rejected because the protester had not been approved as a source for the item at the time of award. The evaluation was not completed prior to the award date. Which was issued on September 8. The item is a critical part of the GE T700 Turboshaft engine. The clause further advised that if the evaluation were subsequently completed. If the product were determined acceptable. Its price was $435 for all three quantities. View Decision Matter of: Dyna-Air Engineering Corp. File: B-271587 Date: July 8, 1996 Protest is denied where record does not demonstrate that agency delayed an unreasonable period of time prior to forwarding protester's request for source approval to the design control activity or that the design control activity unduly delayed its review once the request was received. Attorneys DECISION Dyna-Air Engineering Corp. protests the rejection of its offer under request for proposals (RFP) No. SPO500-95-R-A381, issued by the Defense Logistics Agency (DLA), Defense Industrial Supply Center (DISC), for metallic particle detectors. Dyna-Air's offer was rejected because the protester had not been approved as a source for the item at the time of award. The protester complains that DISC delayed unduly before forwarding its request for source approval to the Navy activity with approval authority for the item, and that, as a result, the evaluation was not completed prior to the award date. We deny the protest. BACKGROUND The Current RFP RFP No. SPO500-95-R-A381, which was issued on September 8, 1995, requested offers on a primary quantity of 65, and on two alternate quantities of 80 and 130, respectively, metallic particle detectors, National Stock No. 2995-01-120-8715, General Electric Co. Part No. 3033T30G01. The item is a critical part of the GE T700 Turboshaft engine, in which it functions as a sensor to alert the crew to an impending failure of oil-wetted engine parts. The solicitation identified Vickers, Inc. Part No. 1D463 as an acceptable alternate for the item and advised offerors not cited as acceptable sources that they would need to obtain source approval from the design control activity[1] and that they should submit their source approval requests and technical data packages to DISC with their offers. The solicitation also incorporated DLA's standard "products offered" clause, requiring that offerors of alternate products furnish with their offers legible copies of all drawings, specifications or other data necessary to clearly describe the characteristics and functions of the product being offered. The clause advised that the government would make every reasonable effort to determine acceptability prior to award, but that if it could not, proposed alternate products might be considered technically unacceptable for this procurement. The clause further advised that if the evaluation were subsequently completed, the offeror would be notified of the results, and if the product were determined acceptable, it would be considered for future awards. Three offerors responded to the RFP prior to the October 12, 1995, closing date. Vickers offered its own Part No. 1D463 at a price of $924.74 for the primary and first alternate quantities and a price of $864.69 for the second alternate quantity. Kampi Components, a nonmanufacturer, also offered the Vickers part, at a price of $1,018.52 for the primary quantity. [2] Dyna-Air offered its own part number 4-1091-100--for which, according to a cover letter accompanying the proposal, it had submitted a source approval request on May 24, 1995, in connection with an earlier solicitation. Its price was $435 for all three quantities. After reviewing the offers, the contracting officer determined that the Dyna-Air proposal had to be considered technically unacceptable since evaluation of the technical data package that it had previously submitted had not yet been completed. She further determined that Kampi's price was not competitive with Vickers'. She therefore decided to conduct negotiations with Vickers only. Upon completion of the negotiations with Vickers, the contracting officer requested an update on the Dyna-Air source approval request and was advised that as of March 12, 1996, the Navy still had not completed its evaluation. On March 20, DISC awarded Vickers a contract for 130 metallic particle detectors at a unit price of $737.66. The Prior RFP DISC issued RFP No. SPO500-95-R-0120, the solicitation in response to which the protester submitted the technical data package discussed above, in March of 1995.