B-296516.2; B-296516.3, Optical Systems Technology, Inc., March 17, 2006

B-296516.2; B-296516.3, Optical Systems Technology, Inc., March 17, 2006 TITLE: B-296516.2; B-296516.3, Optical Systems Technology, Inc., March 17, 2006 BNUMBER: B-296516.2; B-296516.3 DATE: March 17, 2006 ************************************************************************ B-296516.2; B-296516.3, Optical Systems Technology, Inc., March 17, 2006 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: Optical Systems Technology, Inc. File: B-296516.2; B-296516.3 Date: March 17, 2006 Michael R. Charness, Esq., and Amy R. Napier, Esq., Vinson & Elkins, for the protester. James A. McMillan, Esq., Grayson & Kubli, for Knight's Armament Company, an intervenor. Maj. Peter H. Tran, and Raymond M. Saunders, Esq., for the agency. David A. Ashen, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that rejection of proposal was based on unreasonable testing of protester's sample night sights for .50 caliber rifles is denied where, contrary to protester's assertion, record indicates that agency undertook reasonable efforts to ensure that sights were securely mounted and properly adjusted during testing; even if these efforts were not entirely successful (and there is no basis in the record for reaching such a conclusion), the agency could reasonably conclude that the susceptibility of protester's sights to significant damage and degraded performance, notwithstanding reasonable efforts to mount the sights correctly, rendered the sights technically unacceptable. DECISION Optical Systems Technology, Inc. (OSTI) protests the award of a contract to Knight's Armament Company (KAC) under request for proposals (RFP) No. H92222-05-R-0007, issued by the United States Special Operations Command for non-developmental Visual Augmentation System (VAS) In-Line Clip-on Night Sights. OSTI asserts that the agency's rejection of its proposal was based on unreasonable testing of its sample items. OSTI also challenges the evaluation of KAC's proposal. We deny the protest. The RFP contemplated award of an indefinite-delivery/indefinite-quantity, fixed-unit-price contract for up to 3,000 VAS night sights over a 5-year period. The RFP's performance specification provided that the night sight shall be an in-line, clip-on image intensification sight, utilizing a GEN III/OMNI IV image intensifier tube as a minimum, mainly for use on Army XM107 and Navy M88PIP (Mk15) .50 caliber sniper rifles during nighttime operations. The night sight clips onto a mounting rail along the top of the weapon, directly in front of the existing dayscope, providing a quick attach/detach capability for nighttime operation while maintaining the dayscope boresight. Performance Specification sect. 3.2; VAS Night Vision Devices Sample Test Report sect. 1. The performance specification required use of an adjustable, locking single-throw lever-type mounting system, KAC Knightscope base assembly part No. 22097 or equivalent, allowing for single-hand operation and attachment/mounting on a Military Standard (MIL-STD) 1913 mounting rail. Performance Specification sect. 3.4.3. Among the several performance requirements set forth in the performance specification were requirements relating to accuracy and resistance to weapons shock. Regarding accuracy, the specification provided that the sight "shall allow a trained sniper to maintain his current level of accuracy as a (threshhold), and deliver precise fire within one minute of angle (1 MOA) (objective)." Id. sections 3.5.4, 4.5.4.[1] However, the specification further stated that "[a]ny sight placed on the weapon shall not degrade the shooters current level of accuracy"; according to the specification, "[i]f a weapon is accurate to 1 MOA accuracy, then with all other factors, environment, shooter, ammunition, etc., factored in, the shooter shall be able to maintain that level of accuracy or whatever accuracy he can attain with his current scope." Id. As for weapons shock, the performance specification provided as follows: The Sight in its operational configuration, shall not be damaged nor exhibit any degradation in performance when subjected to five groups of five rounds each. The Sight in its operational configuration, shall not be damaged nor exhibit any degradation in performance when subjected to a total of 300 rounds of equivalent shock on the .50 caliber sniper rifles. Equivalent shock is equal to [an] average peak acceleration height of 4000gs for a mean duration of 1 millisecond half sine wave. Id.