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B-271016 1 (1996-06-05)

handle is hein.gao/gaocrptaecf0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Canberra Industries, Inc. File: B-271016 Date: June 5, 1996 John G. Tamburro, Esq., and Michael A. Zebarth, for the protester. David C. Rickard, Esq., Defense Nuclear Agency, for the agency. Jacqueline Maeder, Esq., Glenn Wolcott, Esq., and Paul Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency improperly relaxed requirement regarding performance certifications is denied where there is no showing that the protester was prejudiced by the agency's actions. 2. Agency properly accepted awardee's certification that its proposed pedestrian radiation detector complied with the solicitation's commercial item requirement where the product has been sold to the general public and the modified product offered, based on newer software, is the result of a minor modification which does not change the product's physical characteristics or function. DECISION Canberra Industries, Inc. protests the award of a contract to Rados Technology, Inc. under request for proposals (RFP) No. DNA001-95-R-0045, issued by the Defense Nuclear Agency (DNA) for pedestrian radiation detection equipment. Canberra asserts that Rados did not submit product certifications or offer a commercial product as required by the solicitation. We deny the protest. The RFP contemplated the award of a fixed-price contract to the lowest-priced, technically acceptable offeror for 48 pedestrian radiation detectors' capable of detecting special nuclear material (SNM), which is weapons grade highly enriched uranium or plutonium. Section C.3 of the RFP stated: 'The basic requirement is for 36 units; 12 detectors are optional units. 45966

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