Firearms Training Systems, Inc., B-292819.2; B-292819.3; B-292819.4, April 26, 2004

Firearms Training Systems, Inc., B-292819.2; B-292819.3; B-292819.4, April 26, 2004 TITLE: Firearms Training Systems, Inc., B-292819.2; B-292819.3; B-292819.4, April 26, 2004 BNUMBER: B-292819.2; B-292819.3; B-292819.4 DATE: April 26, 2004 ********************************************************************** Firearms Training Systems, Inc., B-292819.2; B-292819.3; B-292819.4, April 26, 2004 DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: Firearms Training Systems, Inc. File: B-292819.2; B-292819.3; B-292819.4 Date: April 26, 2004 James H. Roberts, III, Esq., Van Scoyoc Kelly, for the protester. Michael A. Hordell, Esq., Laura L. Hoffman, Esq., Jennifer W. Persico, Esq., and Charles H. Carpenter, Esq., Pepper Hamilton, for Advanced Interactive Systems, Inc., an intervenor. Clarence D. Long, III, Esq., and Robert M. Allen, Esq., Department of the Air Force, and Thedlus L. Thompson, Esq., General Services Administration, for the agencies. Sharon L. Larkin, Esq., and Ralph O. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protester*s challenge to a task order placed against a Federal Supply Schedule on the grounds that it includes items not on the awardee*s schedule is denied, where the record shows that the agency conducted a full and open competition; to the extent that the agency failed to comply with the requirements of Federal Acquisition Regulation S: 8.401(d), such violations did not prejudice the protester. 2. Protest that the agency violated Federal Acquisition Regulation Part 12 because the awardee*s weapons simulator and its components were not commercial items is denied, where the record shows that both are commercial items; absent a solicitation provision or some indication that proposed items are not commercial, an agency is not required to formally evaluate and document whether proposed items are in fact commercial items when using commercial items procedures. 3. Protester*s challenge to the agency*s finding that its proposed weapons simulator was technically unacceptable because the proposal failed to satisfy a ballistics validation requirement is denied, where the agency repeatedly requested ballistics data for the simulator, much of which was not provided; the protester*s corresponding challenge to the agency*s finding that the awardee*s proposed weapons simulator complied with the solicitation*s technical requirements is denied where the record supports the agency*s conclusions, and the protester has not shown that the agency*s interpretations of the solicitation or awardee*s proposal were unreasonable. DECISION Firearms Training Systems, Inc. (FATS) protests the award of a task order to Advanced Interactive Systems, Inc. (AIS) under request for quotations (RFQ) No. F44650-03-T-0020, issued by the Department of the Air Force for weapons simulators. FATS challenges the Air Force*s evaluation of FATS*s and AIS*s proposals and placement of the task order under AIS*s General Services Administration*s (GSA) Federal Supply Schedule (FSS) contract. We deny the protests. BACKGROUND The Air Force issued this RFQ to procure weapons simulators for use at Air Combat Command bases when live range firing is not possible.[1] Although the agency used an RFQ to procure this requirement, the RFQ announces, and the agency conducted, a full and open competition. For example, the RFQ solicits both FSS and non-FSS vendors, and seeks *proposals* in response to detailed solicitation requirements. The RFQ also sets forth evaluation criteria, stating that award will be made on a best-value basis; for offers not submitted under GSA schedules, the agency will evaluate whether proposals meet the listed specifications (i.e., technical acceptability), price, and delivery. RFQ amend. 11. Because the record throughout refers to *offerors* and *proposals,* we use that nomenclature in this decision. The Air Force uses weapons simulators like those sought here to conduct three types of weapons training: marksmanship, collective, and judgmental. These protests concern, in large part, the Air Force*s requirements for simulators to provide marksmanship training for M16A2 rifles (hereafter referred to as M16 rifles), M4 carbine rifles, and M9 pistols.