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B-298767 1 (2006-11-06)

handle is hein.gao/gaocrptasrz0001 and id is 1 raw text is: A G A O Comptroller General . Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Omega Systems, Inc. File: B-298767 Date: November 6, 2006 Tom W. Gilmore for the protester. Raymond Fioravanti, General Dynamics C4 Systems, Inc., for the intervenor. James B. McCloskey, Esq., U.S. Marine Corps, for the agency. Peter D. Verchinski, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protester's assertion that its proposal should be considered for award despite late final proposal revision (FPR) because it was otherwise successful proposal that makes its terms more favorable to the government, is denied where record shows agency had determined prior to FPR request that protester's proposed price was not reasonable; protester's proposal thus was not otherwise successful proposal. DECISION Omega Systems, Inc. protests the rejection of its proposal as late under request for proposals (RFP) No. M67854-06-R-7017, issued by the U.S. Marine Corps to design, integrate, produce and document the Tactical Data Network Data Distribution System-Replacement (TDN DDS-R) production model. We deny the protest. The RFP, issued on April 6, 2006, contemplated the award of a fixed-price contract to the firm submitting the proposal determined to be the best value under the following evaluation factors: technical, program management, past performance, and price. The technical factor contained a subfactor for integrated logistics support, under which proposals were to be evaluated for warranty performance, including warranty administration and claims procedures. The solicitation did not specify original equipment manufacturer (OEM) warranties, but the protester became aware that such warranties were in fact required.

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