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B-401075 1 (2009-04-15)

handle is hein.gao/gaobadauv0001 and id is 1 raw text is: li AL A , GA O Comptroller General Accuntabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: RTI Technologies, LLC File: B-401075 Date: April 15, 2009 A. Jonathan Bawabe for the protester. Angela J. Cosentino, Esq., and Marvin D. Rampey, Esq., Department of the Navy, for the agency. Charles W. Morrow, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest is untimely under GAO's Bid Protest Regulations, where a protest on the same grounds was initially filed at the agency and denied, and filed with GAO more than 10 days after receipt of the denial; the protester's receipt of a required debriefing after receipt of the denial of the agency-level protest does not toll or provide an exception to our timeliness rules where an agency-level protest was filed. DECISION RTI Technologies, LLC protests the exclusion of its proposal from the competition under request for proposals (RFP) No. N00164-08-R-JM18, issued by the Naval Surface Warfare Center, for practice blasting caps. We dismiss the protest. The RFP, issued on July 23, 2008, sought proposals to furnish MK 17 MOD 2 inert electric practice blasting caps under an indefinite quantity fixed-price contract. Offerors were required to enter their proposed prices onto a pricing matrix table, which required step-ladder pricing on increasing quantity levels of blasting caps. Initial proposals were submitted, discussions conducted, and an amendment to the RFP containing a modified pricing matrix table was issued by the agency. RTI submitted a revised proposal that included a pricing table that the agency found was not compliant with the one included in the RFP amendment. Because the Navy concluded that RTI had therefore taken exception to the government's requirements and that the problem could not be resolved without further discussions, the agency eliminated RTI's proposal from the competition on January 20, 2009.

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