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B-296516.2 1 (2006-03-17)

handle is hein.gao/gaocrptaslj0001 and id is 1 raw text is: A G A O Comptroller General . Accountability * Integrity * Reliability of the United States United States Government Accountability Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: Optical Systems Technology, Inc. File: B-296516.2; B-296516.3 Date: March 17, 2006 Michael R. Charness, Esq., and Amy R. Napier, Esq., Vinson & Elkins, for the protester. James A. McMillan, Esq., Grayson & Kubli, for Knight's Armament Company, an intervenor. Maj. Peter H. Tran, and Raymond M. Saunders, Esq., for the agency. David A. Ashen, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that rejection of proposal was based on unreasonable testing of protester's sample night sights for .50 caliber rifles is denied where, contrary to protester's assertion, record indicates that agency undertook reasonable efforts to ensure that sights were securely mounted and properly adjusted during testing; even if these efforts were not entirely successful (and there is no basis in the record for reaching such a conclusion), the agency could reasonably conclude that the susceptibility of protester's sights to significant damage and degraded performance, notwithstanding reasonable efforts to mount the sights correctly, rendered the sights technically unacceptable. DECISION Optical Systems Technology, Inc. (OSTI) protests the award of a contract to Knight's Armament Company (KAC) under request for proposals (RFP) No. H92222-05-R- 0007, issued by the United States Special Operations Command for non-developmental Visual Augmentation System (VAS) In-Line Clip-on Night Sights. OSTI asserts that the agency's rejection of its proposal was based on unreasonable testing of its sample items. OSTI also challenges the evaluation of KAC's proposal. We deny the protest. The RFP contemplated award of an indefinite-delivery/indefinite-quantity, fixed-unit- price contract for up to 3,000 VAS night sights over a 5-year period. The RFP's performance specification provided that the night sight shall be an in-line, clip-on

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