Abraham Lincoln fell overboard while wearing a life preserver equipped with a plastic inflator assembly supplied by S-TRON under its prior 1991 contract. The agency reports that on July 27, 1993, a sailor on the aircraft carrier U.S.S. While S-TRON's inflator assembly was made of plastic, Conax's was made of metal. The 1991 solicitation and the resulting 1992 contracts included a performance specification under which contractors were responsible for developing their own inflator assembly designs. In the event that a contractor fails to meet the requirements of the contract, i.e., first article test, delivery, or quality requirements, the government reserves the right to award the full quantity of the delivery order to the contractor who is performing most advantageously to the terms of the contract until such time that the contractor is able to comply with the contract requirements." "At the time delivery orders are written, the quantities will be divided as practicably as pos- sible between the awardees according to the per- centage of award received. However, the solicitation and the resulting contracts provided that: The requirements contract awarded to Conax on March 23, 1992, provided for that firm to furnish 60 percent of the agency's 20,000-unit estimated requirement, while S-TRON's requirements contract awarded on the same date called for it to furnish the remaining 40 percent. Since, however, the agency desired to maintain a second source for the inflator assemblies, it split the award between Conax and S-TRON, which had been supplying inflator assemblies under a prior 1991 contract (No. After evaluating proposals received in response to that solicitation, the agency determined that Conax's proposal offered the best value to the government. DLA750-91-R-0278) issued by the agency in 1991 to satisfy its estimated annual requirement for 20,000 inflator assemblies for use in automatic life preservers. Matter of: S-TRON File: B-248176.3 Date: May 2, 1994īoth S-TRON's contract (No.-1048) and Conax's contract (No.-1047) resulted from a solicitation (request for proposals (RFP) No.
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