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B-401520 1 (2009-07-13)

handle is hein.gao/gaobadaxq0001 and id is 1 raw text is: G A O Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Optical Energy Technologies, Inc. File: B-401520 Date: July 13, 2009 Gerald Falbel for the protester. Col. Timothy J. Cothrel, and Maj. John G. Terra, Department of the Air Force, for the agency. Paul N. Wengert, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest is dismissed as untimely where it was filed more than 10 days after receipt of a preaward notice identifying the successful vendor, which triggered a telephone call to the contracting officer wherein the protester was told the successful vendor's price; these two pieces of information provided the basis for the protester's argument that its lower-priced quotation should have been selected for award. DECISION Optical Energy Technologies, Inc. (OETI), of Stamford, Connecticut, a small business, protests the selection of Electro-Optical Industries (EOI), of Santa Barbara, California, by the Department of the Air Force under request for quotations (RFQ) No. FY2333-09-Q-0007 for a secondary standard blackbody.' OETI argues that the Air Force improperly selected EOI at a higher price, where the RFQ provided that award was to be based on price. 'The item being purchased is a piece of scientific equipment that simulates the behavior of a blackbody. According to the contracting officer, a blackbody is a theoretical object that absorbs all the electromagnetic radiation incident upon it and radiates all of that electromagnetic radiation out. In other words, it absorbs all wavelengths of electromagnetic radiation and radiates all wavelengths of electromagnetic radiation. Letter from Air Force to GAO, July 2, 2009, at 1.

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