Mnemonics, Inc., B-290961, October 28, 2002

B-290961 Oct 28, 2002 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Agency improperly excluded protester's proposal from the competitive range [deleted] because protester's proposal was "not among the most highly rated. " where the agency's determination was based on an assessment of proposals' "strengths" "weaknesses" and "deficiencies" under the factors that the solicitation indicated would be evaluated on a "pass/fail" basis. Were based on the agency's application of unstated evaluation factors. BACKGROUND The RFP was issued on February 15. The value of the resulting contract is expected to be [deleted]. That technical factors were "of paramount importance.". Receive Capability The IBR shall have a cPCI [compact . (COMSEC will be determined by . The IBR must have an . internal power backup of crypto keys that . can provide a minimum of 24 hour backup. . View Decision Mnemonics, Inc., B-290961, October 28, 2002 * REDACTED DECISION DIGEST Attorneys DECISION Mnemonics, Inc. protests the Department of the Army's exclusion of Mnemonics' proposal from the competitive range under request for proposals (RFP) No. USZA95-02-R-0017 for the development and production of Intel Broadcast Receivers (IBR) to be used in MH-47 and MH-60 helicopters. Mnemonics' protests, among other things, that the agency's exclusion of Mnemonics' proposal, and the retention of [deleted] proposal in the competitive range, were based on the agency's application of unstated evaluation factors. We sustain the protest. BACKGROUND The RFP was issued on February 15, 2002, seeking proposals to develop, test, and produce IBRs for use with MH-47 medium lift and H-60 utility helicopters. /1/ Agency Report, Tab 3, RFP at 6. The value of the resulting contract is expected to be [deleted]. Agency Report, Tab 2, Contracting Officer's Statement, at 1-2. As amended, the solicitation provided that proposals would be evaluated on the basis of technical, business, and past performance factors, and that technical factors were "of paramount importance." Agency Report, Tab 3, RFP at 54. Section M of the solicitation listed 17 technical evaluation factors, provided that evaluation under 14 of these 17 factors would be performed on a "pass/fail" basis, /2/ and stated that proposals would be subjectively "graded" under the 3 remaining technical factors. /3/ Id. at 55-58. The solicitation also provided that an evaluation of "proposal risk" would be integrated into the rating of each technical evaluation factor. /4/ Id. at 54. For each of the 14 "pass/fail" factors, section M of the solicitation listed the factor and, beside that listing, described the specific requirements proposals must meet. For example, the solicitation stated, in part: a. Receive Capability The IBR shall have a cPCI [compact . Peripheral Component Interface] ENTR . [Embedded National Tactical Receiver] . card to receive four (4) receive channels . with spare capability to insert another . cPCI ENTR card to increase to eight (8) . receive channels. Channels shall . be processed simultaneously. IBR must . receive and process Tactical Related . Applications Program (TRAP) Data . Dissemination Systems (TDDS), Tactical . Information Broadcast Service (TIBS), and . On-Board Processing/Direct Down Link . (OBP/DDL), previously called Tactical . Data Information Exchange Subsystem B . (TADIXS-B). The user must be able to . select and/or change preloaded frequencies . for all channels, threats, filter settings, . and other pertinent IBR settings via the . 1553 or Ethernet interface. The IBR . shall provide status on the operation of . each channel via the 1553 and Ethernet . interface. Data rates shall be adjustable . up to 19.2 Kilobits Per Second (kbps). . . . . . f. COMSEC Provide embedded COMSEC for all data . (Communications channels. (COMSEC will be determined by . Security Function) IBS requirements as reflected in IBS . Broadcast JORD.) The IBR must have an . internal power backup of crypto keys that . can provide a minimum of 24 hour backup. . The IBR must provide crypto loading at . the LRU and an external connector for . remote crypto loading capability via a . remotely located fill panel. The IBR . shall receive "black" or unclassified . traffic keys for training and/or . maintenance functions. . . . . . g. Data Processing Data filtering and output message . Functions formatting must be independently . selectable. Provides discrete serial, . 1553 bus, and Ethernet bus communications. h. Bus Control IBR shall be controllable by CAAS using . Ethernet and MIL-STD-1553B messages in . flight. Agency Report, Tab 3, RFP at 54-56. On or before the May 6, 2002 closing date, proposals were submitted by [deleted] offerors--Mnemonics, [deleted].