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B-182577 1 (1975-06-30)

handle is hein.gao/gaobadcgn0001 and id is 1 raw text is: 0,LR 0 0 'THE COMPTROLLER GENERAL DECISION ZOF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-182577 DATE: June 30,1975 MATTER OF: Hoffman Electronics Corporation DIGEST: 1. Protest against refusal of agency to consider proposal for award of production contract from firm which, although not selected as development contractor, independently develops allegedly comparable product is timely under 4 C. F. R. §20. 2(a). Although solicitation leading to award of develop- ment contracts warned that production contract would be awarded only to development contractor, protester could not know for certain that it would not be permitted to submit pro- posal until it was so notified after issuance of solicitation for production contract. 2. Refusal of Air Force to consider proposal from protester for TACAN was not unduly restrictive of competition contrary to maximum competition mandate of 10 U. S. C. 2304(g) where development contracts provided that follow-on production would be limited to development contractor (dual prototype method of contracting), since Air Force has demonstrated that such restriction was reasonably necessary to assure that prototype selected would meet technical and cost objectives and because testing of protester's equipment could not be accomplished within time constraints of procurement. This procurement calls into question the propriety of restricting competition for the award of production contracts to development contractors under the Department of Defense's prototype or parallel development' method of procuring major defense systems when another company claims and attempts to demonstrate that it has developed and can furnish equipment comparable to the prototypes furnished by the development contractors. PUBISHME DECISION 4 Comp. Gen............. -1-

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