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B-270138 1 (1996-01-17)

handle is hein.gao/gaocrptadwu0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision REDACTED DECISION A poteteddeisin ws isud o th dae elow and was subject to a GAO Protective Order. This version has been redacted or approved by the parties involved for public release. Matter of: Mitel, Inc. File: B-270138 Date: January 17, 1996 William B. Barton, Esq., and William Welch, Esq., Barton, Mountain & Tolle, L.L.P., for the protester. Barbara J. Amster, Esq., Department of the Navy, for the agency. Andrew T. Pogany, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST In expedited negotiated procurement for urgently required telephone system for naval vessel, where solicitation requirement for detailed technical proposals was waived by the agency for all offerors, the agency's determination of whether proposals were technically acceptable was properly based in the first instance on whether each offeror unequivocally proposed to meet solicitation requirements; agency determination, based on information outside proposals, as to whether or not an offeror was capable of supplying the required product within the required time frame concerns a matter of responsibility which the General Accounting Office does not review except in circumstances not present here. DECISION Mitel, Inc. protests the award of a contract to Ericsson, Inc. under request for proposals (RFP) No. N66001-95-R-3602, issued by the Department of the Navy for an internal telephone system for Navy ships designated as a Ship's Service Telephone System (SSTS).1 In its initial protest, Mitel essentially argued that the agency, by awarding to Ericsson, waived a solicitation requirement that each offeror's system comply with and meet specification No. NAVSEA1-289-I-306 (Rev. D) as a 1The SSTS was required by the RFP to be a commercial PBX with a capacity of 50 to 180 line terminations for submarines and 200 to 2000 line terminations for surface ships. The SSTS, under the RFP's specifications, was required to be ruggedized to withstand the environment onboard Navy ships. 711131

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