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B-281437.2 1 (1999-06-30)

handle is hein.gao/gaocrptajgt0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Wilcox Industries Corporation File: B-281437.2; B-281437.3; B-281437.4 Date: June 30, 1999 Robert F. Guarasi for the protester. Patrick K O'Keefe, Esq., and John M. Clerici, Esq., McKenna & Cuneo, for Insight Technology, Inc., an intervenor. Susan Spiegelman-Boyd, Esq., Department of the Navy, for the agency. Katherine I. Riback, Esq., and James Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency reasonably found through testing that protester's submitted product sample did not comply with salient characteristics of the product. 2. Protester whose product sample had been properly rejected as failing various salient characteristics of the product is an interested party to protest that the product samples of the awardee do not comply with the salient characteristics where the awardee is the only other offeror. 3. Awardee's product sample cannot be said to satisfy salient characteristic where this matter was not tested as required by the solicitation and the protester has presented unrebutted evidence that there was a likelihood that the awardee's product sample would not meet this characteristic if tested. DECISION Wilcox Industries Corporation protests the award of a contract to Insight Technology, Inc. under request for proposals (RFP) No. N00164-98-R-0094, issued by the Department of the Navy for laser borelights. Wilcox argues that its low-priced proposal was improperly rejected by the agency for not meeting the stated salient characteristics, due to testing irregularities and bias on behalf of the agency evaluators. Wilcox also argues that the awardee's proposed product did not meet certain stated salient characteristics. We sustain the protest on the basis that Insight's product was not tested to ascertain compliance with certain salient characteristics required by the RFP.

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