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B-283796 1 (1999-12-14)

handle is hein.gao/gaocrptajnj0001 and id is 1 raw text is: 



                   -e GeAtOa
 __Comptroller General
                                                                 of the United States
United States General Accounting Office           DOCUMENT FOR PUBLIC RELEASE
Washington, DC 20548                             The decision issued on the date below was subject to a
                                                 GAO Protective Order. This redacted version has been
                                                 approved for public release.

         Decision

         Matter of: B. E. Meyers & Company, Inc.

         File:      B-283796

         Date:      December 14, 1999


         D. William Toone, Esq., Miller, Nash, Wiener, Hager, & Carlsen, and Thomas W.
         Winland, Esq., Finnegan, Henderson, Farabow, Garrett & Dunner, for the protester.
         D. Susan Spiegelman-Boyd, Esq., Department of the Navy, for the agency.
         Peter A. Iannicelli, Esq., and Michael R. Golden, Esq., Office of the General Counsel,
         GAO, participated in the preparation of the decision.
         DIGEST

         Exclusion of protester's proposal from the competitive range was not improper
         where the agency reasonably concluded that there were significant deficiencies in
         the protester's proposal which made it technically unacceptable as submitted and
         that major revisions would have been required to make it acceptable.
         DECISION

         B. E. Meyers & Company, Inc. (Meyers) protests the exclusion of its proposal from
         the competitive range under request for proposals (RFP) No. N00164-99-R-0122,
         issued by the Department of the Navy for the purchase of two different types of
         weapons sights--the night vision crew-served weapon sight (NVCSWS) and the
         submersible night vision individual weapon sight.!

         We deny the protest.

         Issued on July 13, 1999, the RFP called for the supply of up to 1,600 fixed-price
         NVCSWS units over a 5-year period. The units were to be manufactured in
         accordance with the RFP's statement of work (SOW), performance specifications,
         and drawings that were incorporated by reference. The pertinent performance


         'The protest concerns only line items for the supply of the NVCSWS and related
         warranties and data. Therefore, we will discuss only procurement actions related to
         those line items in this decision.

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