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B-270840 1 (1996-05-01)

handle is hein.gao/gaocrptaebi0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Diverstech Co. File: B-270840 Date: May 1, 1996 Barry Sugarman for the protester. Maria Ventresca, Esq., Defense Logistics Agency, for the agency. C. Douglas McArthur, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Where solicitation instructed offerors to submit a product demonstration model (PDM), which would represent a significant portion of the technical evaluation, and warned that agency would not evaluate a proposal that did not include a PDM, record supports the agency's determination that allowing protester to submit a PDM after the date set for receipt of initial proposals would be tantamount to the acceptance of a late proposal. 2. Protester's contention that agency should have accepted its proposal despite fact that it did not include a production demonstration model (PDM) as required by solicitation--on ground that agency allegedly had within its possession a PDM of model offered by protester, submitted by a different company in connection with a different procurement 2 years before--is without merit where solicitation clearly specified that proposals were to include PDMs and protester did not timely raise objection to that requirement. DECISION Diverstech Co. protests the rejection of its proposal submitted under request for proposals (RFP) No. SP0200-96-R-8006, issued by the Defense Logistics Agency, Defense Personnel Support Center (DPSC), for surgical tourniquets. Diverstech contends that it should not have been required to submit a product demonstration model (PDM) with its proposal as required by the solicitation because the agency already had a model of the product being offered by the protester from a solicitation issued 2 years previously. We deny the protest. 154418

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