Cybernet Systems Corporation, B-292600, September 30, 2003

B-292600 Sep 30, 2003 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Cybernet argues that its proposal was unreasonably rejected as technically unacceptable. The RFP was issued on May 21. The RFP stated that the Linux distribution supported by this contract will be run on hardware procured via a separate procurement vehicle. HP-Contractor support of the Linux distribution in this context means that the Linux distributor has made reciprocal arrangements with HP so that the Linux distributor and HP will work together to resolve any operating system/hardware problems. The Contractor shall demonstrate that the following list of [eight] independent software vendors have obtained certifications for. Cybernet stated that the Linux distribution supported by this contract will be certified by Cybernet to run on hardware procured via a separate procurement vehicle. View Decision Cybernet Systems Corporation, B-292600, September 30, 2003 DIGEST Attorneys DECISION Cybernet Systems Corporation protests the rejection of its proposal as technically unacceptable under request for proposals (RFP) No. USCA-03-R-0045, issued by the Administrative Office of the United States Courts for Linux operating system and associated software (referred to as "Linux distribution," RFP Sec. C.4, at 4) and technical assistance and support. Cybernet argues that its proposal was unreasonably rejected as technically unacceptable. We deny the protest. The RFP was issued on May 21, 2003, and contemplated the award of an indefinite-delivery/indefinite-quantity contract for the base period and six 1-year option periods. The RFP contained requirements for hardware and third-party software certifications. With respect to the hardware certification, the RFP stated that the Linux distribution supported by this contract will be run on hardware procured via a separate procurement vehicle. The Contractor must certify that HP [Hewlett Packard] supports the Contractor's Linux distribution on the following [six identified] platforms. The Contractor shall also support these platforms and configurations on the offered Linux distribution. HP-Contractor support of the Linux distribution in this context means that the Linux distributor has made reciprocal arrangements with HP so that the Linux distributor and HP will work together to resolve any operating system/hardware problems. RFP Sec. C.4.1.3.1, at 5-6. With respect to third-party software certifications, the RFP stated that the applications developed by the Judiciary depend on several third-party products. The Contractor shall demonstrate that the following list of [eight] independent software vendors have obtained certifications for, and support their products under, the Linux distribution being offered. RFP Sec. C.4.1.3.2, at 6. The RFP instructed that an offeror "shall provide [in its proposal] the certifications required in Section C.4.1.3." RFP Sec. L.3, at 37. /1/ The RFP further stated that proposals would be evaluated for technical compliance, technical excellence, and price. As relevant here, under the technical compliance evaluation factor, the RFP provided that an offeror's proposal would be evaluated for full compliance with the RFP's minimum mandatory requirements; for a proposal to be considered technically compliant, the RFP mandated that the offeror provide in its proposal all required certifications. RFP Sec. M.1, at 43. Cybernet proposed a "[specific name omitted] Linux operating system product (software distribution) with updates and technical support . . . meeting all of [the agency's] requirements." Cybernet Technical Proposal at 3. Regarding the RFP's hardware certification, Cybernet stated that the Linux distribution supported by this contract will be certified by Cybernet to run on hardware procured via a separate procurement vehicle. Cybernet certifies that HP . . . models [as listed in the RFP] support the [Cybernet proposed] Linux distribution [Cybernet's proposed Linux operating system] will be fully tested and supported on these platforms and configurations. A Cybernet--HP reciprocal arrangement will ensure that [Cybernet's proposed Linux operating system] and HP work together to resolve any operating system/hardware problems. Id. at 8, 17. Regarding the RFP's third-party software certifications, Cybernet stated that it has made arrangements with an Ann Arbor local teammate, [Company A], to support the third party middleware products called for in the [RFP]. [Company A] is partnered with [12 specified vendors] for enterprise web-based applications. Furthermore, Cybernet has direct relationships with [4 specified vendors] to support their products on [the specific type of] platforms [proposed by Cybernet] and to assure that [Cybernet's proposed Linux operating system] works smoothly with these vendors' products. Cybernet will leverage [Company A's] relationships with [5 specified vendors] to support these products. Id.