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B-292743.2 1 (2004-11-12)

handle is hein.gao/gaocrptaphx0001 and id is 1 raw text is: G A 0 Comptroller General SIntegrity Reliability of the United States ~ccountabthty Inert Rea iy United States Government Accountability Office Washington, DC 20548 Decision Matter of: Optical Systems Technology, Inc. File: B-292743.2 Date: November 12, 2004 Paul F. Maxin for the protester. Catherine E. Pollack, Esq., for Litton Electro-Optical Systems, an intervenor. Angela J. Cosentino, Esq., Department of the Navy, for the agency. Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency improperly failed to conduct testing to assess accuracy of awardee's clip-on night vision devices prior to contract award is denied where solicitation did not require such testing. 2. Where request for proposals required fixed prices and delivery in accordance with a specified schedule, and protester included a pricing contingency in its proposal and did not offer to deliver in accordance with the required schedule, agency reasonably declined to consider the proposal further. DECISION Optical Systems Technology, Inc. (OSTI) protests the rejection of its proposal and the award of a contract for clip-on night vision devices to Litton Electro-Optical Systems under request for proposals (RFP) No. N00164-02-R-0014, issued by the Department of the Navy for miniature day/night sight development for the special operations peculiar modifications system. We deny the protest. The special operations peculiar modifications (SOPMOD) system is designed and intended to provide special operations force (SOF) members, who operate in a wide range of extreme conditions, with the ability to reconfigure their weapons for various mission scenarios rapidly and reliably. The goal of the miniature day/night sight (MDNS) development effort is to improve on the sighting capabilities of the current SOPMOD system through the development of new items or the adaptation of

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