Protest Concerning Award of Contract for Radar Harnesses

A company protested the award of a contract for radar harnesses to Motorola, Inc. on the grounds that: (1) the government improperly requested best and final offers, since there were no discussions, thus permitting the possibility of a price leak; (2) Motorola was permitted to offer a delivery schedule different from that specified in the RFP, while the protester was not afforded such opportunity; and (3) the Navy did not notify the protester of the award, as was required. Where a RFP contains a desired delivery schedule but not a required schedule the award may be made to the offeror proposing the different delivery time if it is within a reasonable time after the desired date. In this case the offered delivery time was not within a reasonable time; therefore, award on that basis was improper and protest was sustained.