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B-280758 1 (1998-11-16)

handle is hein.gao/gaocrptahwr0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Matter of: Avtro n Manufacturing, Inc. File: B-280758 Date: November 16, 1998 Norman J. Philion, Esq., Edward V. Hickey, Esq., and Christopher D. Perry, Esq., Thompson Hine & Flory, for the protester. Gregory H. Petkoff, Esq., and Mark Frazier, Esq., Department of the Air Force, for the agency. Adam Vodraska, Esq., and Jerold D. Cohen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that awardee's aircraft generator test stand is not a nondevelopmental item (NDI), and thus did not meet the solicitation's NDI requirement, is denied where the solicitation was issued under commercial item procedures seeking a commercial NDI, and the awardee's proposed test stand in fact exists as a commercial item needing only minor modifications to be acceptable. DECISION Avtron Manufacturing, Inc. protests the award of a contract to AAI/ACL Technologies, Inc. (ACL) by the Department of the Air Force, San Antonio Air Logistics Center, under request for proposals (RFP) No. F41608-97-R-0168 for aircraft generator test stands. Avtron primarily contends that ACL's offered test stand is not a nondevelopmental item (NDI), as required by the RFP, and was improperly evaluated as technically acceptable. We deny the protest. BACKGROUND The Air Force issued the RFP in draft form on September 30, 1997, for a replacement to the agency's existing MC-2 aircraft generator test stand, which had been designed to a military specification and supplied by ACL during the 1970's. The solicited test stand is to be used to field test multi-aircraft integrated drive generators (IDG), constant speed drives (CSD), and their associated generators (GEN). On December 30, the Air Force issued amendment 1, which converted the

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