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B-274730 1 (1996-12-09)

handle is hein.gao/gaocrptaemy0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Simula Government Products, Inc. File: B-274730 Date: December 9, 1996 Michael D. Guinan, Esq., and John T. Jones, Jr., Esq., Bryan Cave LLP, for the protester. Howard J. Stanislawski, Esq., Melvin Rishe, Esq., Gary P. Quigley, Esq., and Richard L. Larach, Esq., Sidley & Austin, for Israel Aircraft Industries, Ltd., an intervenor. Daniel A. Laguaite, Esq., Department of the Navy, for the agency. Jeanne W. Isrin, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where Commerce Business Daily (CBD) notice announcing agency's intent to modify a contract contains note 22--giving other potential sources 45 days to submit expressions of interest showing their ability to meet agency's stated requirements--a potential source must first timely respond to the CBD notice and receive a negative agency response before it can protest the agency's decision at the General Accounting Office; protest of modification is dismissed where, in response to note 22, protester submitted to the agency only a statement that it considered itself to be a responsible source for the requirements, without any supporting information to demonstrate its capability; where the items required are of a relatively complex nature, as in this case, such a response is inadequate to meet the requirements of note 22. DECISION Simula Government Products, Inc. protests the proposed modification of Department of the Navy contract No. N00421-96-C-1038, awarded to Israel Aircraft Industries, Ltd. (IAI) on June 14, 1996, for non-developmental item (NDI) crashworthy passenger/troop helicopter seats. We dismiss the protest. On September 13, 1996, the Navy announced in a Commerce Business Daily (CBD) synopsis its intention to modify IAI's contract to add or modify certain requirements: (1) 50 additional IAI NDI crashworthy CH-53 helicopter seats; (2) turnkey installations of those seats in the CH-53D, CH-53E, and CH-53ME helicopters; (3) airframe reinforcement kits; (4) a change in the attachment pin 322129

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