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B-277862 1 (1997-12-03)

handle is hein.gao/gaocrptagdw0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a I GAO Protective Order. This redacted version has been approved for public release. Matter of: Motorola, Inc. File: B-277862 Date: December 3, 1997 David B. Apatoff, Esq., Hadrian R. Katz, Esq., and Rosemary Maxwell, Esq., Arnold & Porter, for the protester. Gerard F. Doyle, Esq., Ron R. Hutchinson, Esq., and Michael F. Mason, Esq., Doyle & Bachman, for Savi Technology, the intervenor. Craig E. Hodge, Esq., and Capt. Brian J. Godard, Department of the Army, for the agency. Ralph 0. White, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protester's contention that the agency waived a material solicitation requirement for the awardee is dismissed as untimely where the contention is based on an ambiguous requirement in the statement of work that was apparent on the face of the solicitation documents and thus constituted a patent ambiguity that had to be protested prior to the closing date for submission of initial proposals. 2. Protester was not prejudiced by an agency decision to ignore a requirement in the statement of work requiring compliance with a transmission duty cycle imposed by Federal Communications Commission regulations where the record shows that the awardee's offered equipment operated with or without the duty cycle, and also shows that even with the imposition of the duty cycle requirement the offered equipment nonetheless transmitted data at a rate compliant with the solicitation's requirements for transmission speed. 3. Contention that the agency conducted an unreasonable price evaluation of one of the awardee's optional items is denied where the record shows that the agency's approach was reasonable, and in compliance with the instructions set forth in the solicitation. DECISION Motorola, Inc. protests the award of a contract to Savi Technology pursuant to request for proposals (RFP) No. DAAB07-97-R-V002, issued by the Department of the Army for Radio Frequency Identification (RFID) equipment. Motorola disputes

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