B-298277, MadahCom, Inc., August 7, 2006

B-298277 Aug 07, 2006 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights MadahCom, Inc. protests the terms of request for proposals (RFP) No. W912GB-06-R-0019, issued by the Army Corps of Engineers for provision and installation of mass notification systems (MNSes). The protester contends that various technical requirements of the RFP are unduly restrictive of competition because they are not reasonably related to the agency's needs for an MNS. We sustain the protest. View Decision B-298277, MadahCom, Inc., August 7, 2006 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: MadahCom, Inc. File: B-298277 Date: August 7, 2006 Joel Singer, Esq., Sidley Austin LLP, for the protester. Rod McCracken, Esq., and Amy Pereira, Esq., Army Corps of Engineers, for the agency. Jonathan L. Kang, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Solicitation requirements requiring compliance with specific radio frequency standard and minimum transmission range for equipment are unduly restrictive of competition where agency fails to provide reasonable basis for their inclusion in the solicitation. DECISION MadahCom, Inc. protests the terms of request for proposals (RFP) No. W912GB-06-R-0019, issued by the Army Corps of Engineers for provision and installation of mass notification systems (MNSes). The protester contends that various technical requirements of the RFP are unduly restrictive of competition because they are not reasonably related to the agency's needs for an MNS. We sustain the protest. BACKGROUND An MNS is a system designed to transmit alert messages and related information to personnel in or near buildings during emergency situations. An MNS can be provided for a single building or for multiple buildings in, for example, a military base-wide system. Alert messages are triggered by an individual user authorized to use the MNS. In the case of a single-building MNS, the user triggers an alert message through the autonomous control unit (ACU) in the building. In the case of a base-wide MNS, the user triggers an alert message from the primary control center for the base, which in turns sends the alert message to the ACU in each building. Once an ACU receives the alert message, it is sent to various devices, such as indoor and outdoor speakers and visual displays, that relay the alert to personnel. The Department of Defense (DoD) requires that buildings provide –timely means to notify occupants of threats and instruct them what to do in response to those threats.— Unified Facilities Criteria (UFC) 4-010-01, DoD Minimum Antiterrorism Standards for Buildings, para. B-4.7. A separate UFC provides specific guidance for when an MNS is required in a DoD building, as well as design and operation requirements: Beginning with the fiscal year 2004 construction program, mass notification is required in all new inhabited buildings, including new primary gathering buildings and new billeting. Mass notification is required in existing primary gathering buildings and existing billeting when implementing a project exceeding the replacement cost threshold specified in UFC 4-010-01. Mass notification is recommended in other existing inhabited buildings when implementing a project exceeding the replacement cost threshold. Mass notification is required for leased buildings, building additions, and expeditionary and temporary structures (see UFC 4-010-01). UFC 4-021-01, Design and O&M: Mass Notification Systems, para. 1-6.1. As discussed below, DoD has sought to procure MNSes for its bases in Europe under several different types and versions of solicitations. The current RFP seeks proposals to provide MNSes at U.S Army Europe (USAREUR) facilities in Germany. The RFP anticipates a fixed-price contract to install an MNS at Landstuhl; subject to availability of funds, the awardee may also be instructed to install MNSes at CampVilseck, CampGrafenwoehr, and Kleber Kaserne. RFP at 3. Offerors are required to propose all necessary personnel, materials, equipment, tools, supervision and other items and services to furnish, install, test and provide a custom emergency mass notification System (MNS), comprising of all hardware, software, controllers, speakers, wiring, and all other components of this system in a fully operational and operable condition inside of key installation buildings, administrative areas, and community areas to facilitate emergency notifications. RFP, Specifications for Mass Notification System, at 4. The USAREUR originally issued a solicitation for MNS requirements at 17 bases in Europe in December 2003. Contracting Officer's Statement para. 1. The procurement of these requirements was subsequently assigned to the Corps in December 2004. Decl.