Kenwood USA Corporation, B-294638; B-294638.2; B-294638.3,

Kenwood USA Corporation, B-294638; B-294638.2; B-294638.3, TITLE: Kenwood USA Corporation, B-294638; B-294638.2; B-294638.3, November 29, 2004 BNUMBER: B-294638; B-294638.2; B-294638.3 DATE: November 29, 2004 ********************************************************************** Decision Matter of: Kenwood USA Corporation File: B-294638; B-294638.2; B-294638.3 Date: November 29, 2004 Joseph J. Summerill IV, Esq., and Franci Gardner, Esq., Barnes & Thornburg, for the protester. Maj. Frank A. March, Department of the Army, for the agency. Paul E. Jordan, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that specifications for radios for use by Iraqi Police Service are unduly restrictive is denied where specifications are based on technical capabilities of various vendors, and protester fails to establish either that it is incapable of meeting specifications or is otherwise competitively harmed by them. DECISION Kenwood USA Corporation protests the specifications in request for proposals (RFP) No. W914NS-04-R-9040, issued by the Department of the Army for portable and mobile radios and base stations for use by the Iraqi Police Service (IPS). Kenwood asserts that the specifications `mimic' Motorola brand radios and exceed the agency's minimum needs. We deny the protest. The RFP was issued for the procurement of encrypted communications equipment--portable, mobile, and base station radios, UHF repeater, and accessories--for use in Iraq. There are 79 principal jurisdictions in Iraq requiring radios for the IPS. Previous solicitations provided radios for 32 of these jurisdictions; the current RFP is intended to field the remaining 47 with a higher capability radio that will better fill the current and future requirements for the Iraqi Security Forces. Initially, the RFP specified Motorola brand radios with an encryption board identified as Motorola part numberA MO82-430.[1] The RFP set forth numerous other specifications, including frequency range and stability; channel capacity and spacing; battery, shock, vibration, dust and humidity standards; transmitter output; FM hum and noise; conducted/radiated emissions; audio response and distortion; and spurious emissions. Kenwood protested to our Office, challenging the procurement's 5-day response deadline and arguing that the brand name designation, the encryption board, and the frequency range (403-470 megahertz (MHz)), were unduly restrictive specifications.[2] The agency responded by deleting the Motorola brand name references and extending the proposal deadline. It also replaced the Motorola encryption board designation, which it found had been listed in error, with a corrected one, the Transcrypt 460, but left the remaining specifications unchanged. The agency also amended the background statement to read as follows: The [IPS] has a requirement to field an interim first responders network to a number of cities where systems have not yet been fielded. These systems will provide local police communications until the Advanced First Responders Network [AFRN] is fielded in 2005-6. The systems must be interoperable with Iraqi National Guard [ING] and other forces.' RFP amend. 2. Kenwood protested the RFP's specifications, as revised, alleging that they remained unduly restrictive because they `mimic specifications listed in [Motorola] technical manuals,' and that Motorola was the only entity that would be able to compete successfully. Kenwood specifically challenged the frequency range, the interoperability requirement, and the encryption board. Supplemental Protest, Sept.A 13, 2004, at 3-5. The agency responded by undertaking a review of all specifications except frequency range, channel spacing, power output, and encryption board, all of which it determined were necessary, and extended the due date for proposals. As a result of this review, the agency amended the RFP (amend.A 0004) by eliminating some specifications--including those for modulation limiting, conducted/radiated emissions, and audio response--and modifying others, including mobile radio channel capacity (reduced from 128 to 16), and the hum and noise requirements under the various transmitter specifications. The agency explains that the unchanged specifications--frequency range, channel spacing, power output, and encryption board--were left unchanged based on the needs of the Iraqi users and its own survey of radios from various vendors. In this regard, the agency explains, the frequency range of 403-470 MHz was based on the public safety frequency band allocation set by the Iraqi Ministry of Defense. Technical Representative (TR) Statement, Oct. 8, 2004, P I.