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B-274566 1 (1996-11-27)

handle is hein.gao/gaocrptaemi0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Harris Corporation File: B-274566; B-274566.2 Date: November 27, 1996 Dorn C. McGrath III, Esq., and Richard L. Moorhouse, Esq., Holland & Knight, for the protester. Kenneth S. Kramer, Esq., and Nancy R. Wagner, Esq., Fried, Frank, Harris, Shriver & Jacobson, for Raytheon Electronic Systems, Raytheon Company, an intervenor. Vera Meza, Esq., and Walter Harbort, Jr., Esq., Department of the Army, for the agency. Linda S. Lebowitz, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where the solicitation required offerors to propose fixed prices and provided that options, if exercised, would not necessarily be exercised in a manner to guarantee continuous production, and where the protester states in its best and final offer, after discussions regarding these requirements, that it reserved the right to recover additional costs associated with breaks in production in the option periods, the protester's proposal is properly rejected as technically unacceptable since the firm took exception to the solicitation's material fixed-price and option requirements. DECISION Harris Corporation protests the award of a contract to Raytheon Electronic Systems, Raytheon Company, under request for proposals (RFP) No. DAAB07-96-R- A509, issued by the Department of the Army for the fabrication, integration, test, and delivery of Tri-Band Tactical Terminals (T3(H)s) for battlefield satellite terminal communications. Harris challenges the rejection of its proposal as technically unacceptable. We deny the protests. The RFP contemplated the award of a firm, fixed-price contract for the T3(H) units for a basic contract period and five 24-month option periods to the offeror whose proposal represented the best value to the government, technical evaluation factors, 5301127

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