B-295990.4; B-295990.5, Cogent Systems, Inc., October 6, 2005
Case: B-295990.4
Agency:
Protester: B
Date: 2005-10-06
Sustained
B-295990.4; B-295990.5, Cogent Systems, Inc., October 6, 2005
TITLE: B-295990.4; B-295990.5, Cogent Systems, Inc., October 6, 2005
BNUMBER: B-295990.4; B-295990.5
DATE: October 6, 2005
*************************************************************
B-295990.4; B-295990.5, Cogent Systems, Inc., October 6, 2005
DOCUMENT FOR PUBLIC RELEASE
The decision issued on the date below was subject to a GAO Protective
Order. This redacted version has been approved for public release.
Decision
Matter of: Cogent Systems, Inc.
File: B-295990.4; B-295990.5
Date: October 6, 2005
Ron R. Hutchinson, Esq., and Gerard F. Doyle, Esq., Doyle & Bachman LLP,
for the protester.
Capt. Geraldine Chanel, Lt. Col. Thomas C. Modeszto, and Raymond M.
Saunders, Esq., Department of the Army, for the agency.
David Apatoff, Esq., and Shannon R. Hall, Esq., Arnold & Porter LLP, for
Motorola, Inc., the intervenor.
Guy R. Pietrovito, Esq., and James A. Spangenberg, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST
In a negotiated procurement that provided for award on the basis of a
price/technical trade-off, the agency's determination that the protester's
lower-priced proposal was unacceptable was unreasonable, where the
agency's assessment of a significant weakness in the protester's proposal
with respect to its proposal of a flatbed scanner was unreasonable and the
agency failed to provide meaningful discussions to the protester on this
point.
DECISION
Cogent Systems, Inc. protests the award of a contract to Motorola, Inc.
under request for proposals (RFP) No. W9124Q-05-R-AFIS, issued by the
Department of the Army for an Automated Fingerprint Identification System
(AFIS) to be used by the government of Iraq. Cogent challenges the
agency's technical and price evaluation and source selection decision.
We sustain the protest.
The RFP, issued under a combined synopsis/solicitation for a commercial
item in accordance with Federal Acquisition Regulation (FAR) part 12.6,
provided for the award of a fixed-price contract for a turnkey AFIS for
the Rapid Equipping Force (REF) to be used by the Iraqi government.[1]
Offerors were informed that the initial baseline system will have a
"Commercial-off-the-Shelf (COTS) capability with an added ability to read
in transactions [from] CD-ROMs generated by livescan equipment procured
under a separate contract." RFP at 2. The contract would also include
options for three upgrades to the baseline system.
Offerors were provided with a number of documents describing the system
and services to be provided, including the SOW, the Requirement
Specification for the Iraqi AFIS System, and the Iraqi National Electronic
Fingerprint Transmission Specification (EFTS). Offerors were informed that
[t]he initial delivery will be a tenprint AFIS capable of receiving
transactions, per the Iraqi-EFTS, on CD-ROMs, storing and matching
fingerprints, and outputting Hit and no-Hit reports both as SREs [System
Response Electronics] and in paper reports[,]
and that later upgrades of the system would provide the capability to
process latent prints. RFP, Tab 71D, Requirement Specification for the
Iraqi AFIS System, at 2. The solicitation also stated search rates and
response times by task; the baseline system was required to be able to
process 10,000 tenprint transactions daily. Shorter response times were
identified for the upgrade options depending upon the task and priority
assigned. Id.
Full decision text continues on ProtestIntel...