Link: GAO Opinion
Agency: Department of the Army
Disposition: Protests denied.
Keywords: Product testing
General Counsel P.C. Highlight: Although an offeror may present its own test results showing that its product meets the required specifications, this does not establish that the agency’s test results are unreasonable, absent a showing that the agency’s tests were defective or improperly conducted, or that the results were erroneously reported.
Tennier Industries, Inc. protests the rejection of its proposal and the award of a contract under a request for proposals (RFP), issued by the Department of the Army, for sleeping bag systems.
The RFP, issued as a commercial item acquisition, provided for the award of a fixed-price, indefinite-delivery/indefinite-quantity (ID/IQ) contract for three-season sleep systems for the Marine Corp. Tennier’s proposal was rejected as unacceptable. The Army found that Tennier’s fabric and product demonstration samples failed to meet several product specifications. Tennier protested that its product did meet the required standards, and refers to its own test results submitted with its proposal. Although Tennier points to its own conflicting test results, this does not establish that the agency’s test results are unreasonable, absent a showing that the agency’s tests were defective or improperly conducted, or that the results were erroneously reported. GAO found that Tennier failed to meet that burden and that the Army reasonably relied on its own test results in finding the product unacceptable. Protest denied.