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B-277143.2 1 (1998-02-13)

handle is hein.gao/gaocrptahma0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Navistar Marine Instrument Corporation File: B-277143.2 Date: February 13, 1998 Sam Z. Gdanski, Esq., for the protester. Gary Van Osten, Esq., Department of the Navy, for the agency. John L. Formica, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency properly rejected low offer for failure to acknowledge a solicitation amendment where the amendment changed the legal relationship of the parties with regard to the contractor's obligations and the government's rights pertaining to the submission and approval of a first article test plan; there is no evidence that agency did not comply with applicable regulations regarding the distribution of amendments. DECISION Navistar Marine Instrument Corporation protests the rejection of its proposal for failing to acknowledge an amendment, and the award of a contract to Atlas Instrument Company, under request for proposals (RFP) No. N00104-97-R-ND97, issued by the Department of the Navy, for azimuth circles. We deny the protest. The RFP provided for the award of a firm, fixed-price contract to the offeror submitting the proposal most advantageous to the government, price and other factors considered. The RFP referenced detailed specifications for the items, and stated that first article tests would be required for any contractor unless the contractor could show evidence of prior approval. Three amendments to the RFP were issued. Amendments Nos. 1 and 2, issued May 8, and June 9, 1997, respectively, only extended the proposal due dates. Amendment No. 3, issued on June 16, added three clauses to the RFP, one of which concerned the obligations of the contractor relative to the first article test procedures.

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