Morpho Detection, Inc.

B-410876 Mar 03, 2015 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Morpho Detection, Inc., of Newark, California, protests the issuance of a delivery order to Implant Sciences Corporation (ISC), of Wilmington, Massachusetts, under delivery order request for proposals (RFP) No. HTHS04-14-R-CT2050, issued by the Department of Homeland Security, Transportation Security Administration, for explosive trace detection (ETD) units. Morpho alleges that TSA misapplied the RFP's evaluation scheme, used unstated evaluation factors, and treated it and ISC disparately in evaluating proposals and making its award decision. Morpho also maintains that ISC is ineligible for issuance of the delivery order, and that the agency unreasonably found ISC responsible. We deny the protest in part and dismiss it in part. We deny the protest in part and dismiss it in part. View Decision 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: Morpho Detection, Inc. File: B-410876 Date: March 3, 2015 Daniel E. Chudd, Esq., Damien C. Specht, Esq., and James A. Tucker, Esq., Jenner & Block LLP, for the protester. Attison L. Barnes, III, Esq., John R. Prairie, Esq., Samantha S. Lee, Esq., and Margaret E. Matavich, Esq., Wiley Rein, LLP, for Implant Sciences Corporation, an intervenor. David R. Cutler, Esq., and Daniel Potucek, Esq., Department of Homeland Security, Transportation Security Administration, for the agency. Scott H. Riback, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging agency’s evaluation of protester’s proposal is denied where the record shows that the agency’s evaluation was reasonable and consistent with the terms of the solicitation, as well as applicable statutes and regulations. 2. Protester is not an interested party to challenge eligibility of awardee to receive task order where record shows there is another offeror that would be in line for award if protester’s allegations concerning awardee are correct. DECISION Morpho Detection, Inc., of Newark, California, protests the issuance of a delivery order to Implant Sciences Corporation (ISC), of Wilmington, Massachusetts, under delivery order request for proposals (RFP) No. HTHS04-14-R-CT2050, issued by the Department of Homeland Security, Transportation Security Administration, for explosive trace detection (ETD) units. Morpho alleges that TSA misapplied the RFP’s evaluation scheme, used unstated evaluation factors, and treated it and ISC disparately in evaluating proposals and making its award decision. Morpho also maintains that ISC is ineligible for issuance of the delivery order, and that the agency unreasonably found ISC responsible. We deny the protest in part and dismiss it in part. BACKGROUND The solicitation was issued on June 18, 2014, in connection with underlying multiple-award, indefinite-delivery, indefinite-quantity (IDIQ) contracts. The RFP provided for the issuance of a delivery order to the firm that offered the best value to the government considering two non-price factors--technical capability and deployment capability--and price.[1] Agency Report (AR) Exh. 20, Delivery Order RFP, at BATES 471-473. Technical capability was more important than delivery capability, and the two non-price factors, when combined, were significantly more important than price. Id. at BATES 473. The agency received three proposals in response to the RFP. After evaluating initial proposals, engaging in discussions, and soliciting, obtaining and evaluating final proposal revisions, the agency made award to ISC as the firm whose proposal offered the best value to the government. The award decision was based on the following evaluation results:   Technical Capability Delivery Capability Price Morpho Good Outstanding $[deleted] ISC Outstanding Good $23,332,925 Offeror A Outstanding Outstanding $[deleted] AR, exh. 35, Source Selection Decision Document (SSDD), at BATES 655. The agency assigned Morpho’s proposal a weakness and a risk based on a concern relating to the false alarm rate associated with the latest version of its product’s software. The record shows that Morpho proposed version 8.94k of its software, which its proposal stated would resolve an outstanding false alarm rate issue identified in connection with earlier versions of its software. AR, exh. 28, Morpho Revised Proposal, at BATES 570. In evaluating Morpho’s proposal, the agency found that, during field testing of version 8.94k of Morpho’s software, Morpho’s false alarm rate did not meet the RFP’s minimum requirements. AR, exh. 29, Morpho Proposal Evaluation Report, at BATES 611. TSA assigned the proposal a weakness because of this failure to meet the RFP’s requirements. Id.