Optical Systems Technology, Inc., B-292743.2, November 12, 2004

B-292743.2 Nov 12, 2004 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Optical Systems Technology, Inc. (OSTI) protests the rejection of its proposal and the award of a contract for clip-on night vision devices to Litton Electro-Optical Systems under request for proposals (RFP) No. N00164-02-R-0014, issued by the Department of the Navy for miniature day/night sight development for the special operations peculiar modifications system. We deny the protest. View Decision B-292743.2, Optical Systems Technology, Inc., November 12, 2004 Decision Matter of: Optical Systems Technology, Inc. File: B-292743.2 Date: November 12, 2004 Paul F. Maxin for the protester. Catherine E. Pollack, Esq., for Litton Electro-Optical Systems, an intervenor. Angela J. Cosentino, Esq., Department of the Navy, for the agency. Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency improperly failed to conduct testing to assess accuracy of awardee's clip-on night vision devices prior to contract award is denied where solicitation did not require such testing. 2. Where request for proposals required fixed prices and delivery in accordance with a specified schedule, and protester included a pricing contingency in its proposal and did not offer to deliver in accordance with the required schedule, agency reasonably declined to consider the proposal further. DECISION Optical Systems Technology, Inc. (OSTI) protests the rejection of its proposal and the award of a contract for clip-on night vision devices to Litton Electro-Optical Systems under request for proposals (RFP) No. N00164-02-R-0014, issued by the Department of the Navy for miniature day/night sight development for the special operations peculiar modifications system. We deny the protest. The special operations peculiar modifications (SOPMOD) system is designed and intended to provide special operations force (SOF) members, who operate in a wide range of extreme conditions, with the ability to reconfigure their weapons for various mission scenarios rapidly and reliably. The goal of the miniature day/night sight (MDNS) development effort is to improve on the sighting capabilities of the current SOPMOD system through the development of new items or the adaptation of nondevelopmental/commercial off-the-shelf items, with improvement to be measured using the currently fielded systems, where they exist, as baselines. Among the items sought under the RFP is a Clip-on Night Vision Device (CNVD). [1] The solicitation reported that the CNVD is "not currently baselined," but noted: A current CNVD-type system is beginning acquisition and fielding under Solicitation Number N00164-02-R-8512 (24 May 02), however this system is optimized for sniper rifle (vice M4A1 Carbine) applications. If available during the [operational testing (OT)/developmental testing (DT)] phase of this acquisition, it may be used as a baseline for comparison. RFP, amend. 5, 3.3.1.3. The protester notes that it is the manufacturer of the "CNVD-type system" being procured under the above-referenced solicitation. The solicitation specified both minimum or threshold (T) requirements and desired or objective (O) requirements for the CNVD and other MDNS subsystems; in addition, it specified Key Performance Parameters (KPP) and Additional Performance Parameters (APP) pertaining to the subsystems. The solicitation described KPPs as "must-pass testing events" and provided that "[a]ny offering failing the (T) value of any of the KPPs [would] be removed from further testing and [would] not be considered for contract award." Id. 3.1.2. The solicitation described APPs as "tradable parameters . . . used to measure effectiveness and performance," and provided that "[f]ailure to meet either (T) or (O) requirement values specified in an APP [did] not remove a submission from further testing or from consideration for contract award." Id. 3.1.3. [2] With regard to the CNVD, the RFP set forth KPP (T) requirements pertaining to interfaces, waterproofing, power supplies, interoperability, and weight. Id. at 7-8, 15. The RFP also identified a number of APPs applicable to the CNVD, some of which applied to other MDNS subsystems as well ( e.g. , improved operational test results, increased portability, improved corrosion resistance and ease of cleaning, improved endurance, improved reliability, and improved safety features), and some of which applied to the CNVD only. Id. at 8-11, 15-16.