Systems Management, Inc.; Qualimetrics, Inc., B-287032.3; B-287032.4, April 16, 2001

Systems Management, Inc.; Qualimetrics, Inc., B-287032.3; B-287032.4, April 16, 2001 TITLE: Systems Management, Inc.; Qualimetrics, Inc., B-287032.3; B-287032.4, April 16, 2001 BNUMBER: B-287032.3; B-287032.4 DATE: April 16, 2001 ********************************************************************** Systems Management, Inc.; Qualimetrics, Inc., B-287032.3; B-287032.4, April 16, 2001 Decision Matter of: Systems Management, Inc.; Qualimetrics, Inc. File: B-287032.3; B-287032.4 Date: April 16, 2001 Donald J. Walsh, Esq., Scaldara & Potler, for Systems Management, Inc., and Qualimetrics, Inc., the protesters. William A. Shook, Esq., Kelley P. Doran, Esq., and Gary J. Campbell, Esq., Preston, Gates, Ellis & Rouvelas, Meeds, for Coastal Environmental Systems, the intervenor. Gregory Petkoff, Esq., John D. Inazu, Esq., and Maj. Marc Fox, Department of the Air Force, for the agency. Katherine I. Riback, Esq., and James Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest is sustained where the procuring agency improperly relaxed for the awardee a mandatory solicitation requirement that the weather observation system be certified by the Federal Aviation Administration, yet did not notify the offerors of its changed requirements, and the record evidences that the protesters were prejudiced because they could have proposed different systems if they had been apprised of the agency's actual requirements. DECISION Systems Management, Inc. (SMI) and Qualimetrics, Inc. protest an award to Coastal Environmental Systems under request for proposals (RFP) No. F19628-00-R-0032, issued by the Department of the Air Force for a fixed-base weather observation system for the 21st century (OS-21 FBS). The protesters contend that Coastal's proposal should have been rejected as technically unacceptable because it was not, as required by the solicitation, certified by the Federal Aviation Administration (FAA) or a foreign agency, at the time that proposals were due. We sustain the protests. The OS-21 FBS represents an integrated system of multiple weather sensors and data automation components that is designed to continually measure the conditions of the environment at military installations in support of flight safety and asset protection. The RFP, issued August 24, 2000, anticipated the award of an indefinite-quantity contract. RFP at 21. The evaluation factors listed in the RFP were mission capability (technical), proposal risk, past performance and price. The RFP further provided that, when combined, the technical and past performance factors were more important than price. The agency warned that the contract may be awarded to a higher-priced offer which offered technical superiority if the price differential was determined to be worth the technical merit offered over a lower-priced offer. RFP at 41-42. Proposals were required to be compliant with specific sections of the Technical Requirements Document (TRD) (RFP at 42), including the following: The system, with the exception of Runway Visual Range (RVR) and video monitoring capability, needs to already exist as an integrated system, and needs to have been evaluated and certified by the FAA or similar foreign agency prior to submission of proposal. RFP attach. 3, TRD sect. 2.2.1 (emphasis added). SMI's proposal in response to the RFP was based on its Automated Surface Observing System (ASOS) platform. The FAA had previously certified this system in accordance with FAA Circular 6000.15C. SMI included its certification letter with its proposal. See Agency Report, Tab 8.1, SMI Proposal, Executive Summary, attach. 2. Qualimetrics' proposal was based on its Automated Weather Sensor System (AWSS), which was based on the Automated Weather Observing System (AWOS) 900 series that had been previously certified by the FAA. Qualimetrics noted in its proposal that its platform was FAA-certified and produced detailed certification test reports for its proposed system. Agency Report, Tab 8.4, Qualimetrics' Proposal, vol. 2, sect. i, at 1. Coastal's proposal was based on the Stand Alone Weather Sensors (SAWS) platform. This platform had not received any formal FAA certification at the time of proposal submission. In fact, the only SAWS unit that had been delivered was under a contract with the FAA, and was not yet operational and was undergoing testing at Hanscom Air Force Base (AFB). Coastal's Pre-Hearing Submission (March 9, 2001) at 4. Coastal's proposal noted that "a single runway system (SAWS) for the FAA goes in next week at Hanscom AFB." Agency Report, Tab 9.1, Coastal's Proposal, vol. 2, at 1. Four proposals were received by the September 27 closing date. The agency conducted written discussions with the offerors and final proposal revisions were received by November 29.