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B-194794 1 (1979-07-31)

handle is hein.gao/gaobadjax0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITEO BTATES FILE: B-194794 DATE: July 30, 1979 MATTER OF: Dayton Aircraft Products DIGEST: N 1. Protest filed after closing date for receipt 1Y of proposals alleging improprieties in solici- tation is untimely. Even if protest was made prior to closing date, agency's consideration of proposals despite concerns expressed by pro- tester was initial adverse agency action and protest filed with GAO nearly two months after that date is untimely. 2. Protest of agency's determination that alter- nate proposal was not acceptable is denied where protester fails to show agency deter- mination is without a reasonable basis. Dayton Aircraft Products (Dayton) protests the award of a contract under Request for Proposals (RFP) F04606-79-R-0311 to Gayston Corporation (Gayston). The RFP was issued on February 7, 1979, by the Depart- ment of A with a closing date of March 9, 1979. Dayton m-sthat award was not made to the lowest qualified offerojy The RFP, a procurement restricted to qualified sources, called for the delivery of 1,716 static dis- chargers, NSN 5920-00-462-1121, and identified the discharger as part number 611-1008-HE. Paragraph D-3 of the RFP listed Dayton and Gayston as qualified sources of the part number. The Air Force received three proposals in response to the RFP. Gayston sub- mitted an offer of $8.69 per unit. Dayton-Granger Aviation, Inc. (Dayton-Granger) submitted a proposal for a qualified item (Dayton-Granger part number 16315) at $9.90 per unit. Dayton, an affiliate of Dayton- Granger, submitted an alternate proposal, offering an item not previously qualified (Dayton part number 16410) at $7.88 per unit. The Air Force evaluated Dayton's alternate proposal, found the offered item to be an unacceptable replacement for the required item, and made contract award to Gayston on April 17, 1979.

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