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B-403875 1 (2010-12-14)

handle is hein.gao/gaobadbpz0001 and id is 1 raw text is: G A 0 Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 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: HDT Tactical Systems, Inc. File: B-403875 Date: December 14, 2010 David A. Churchill, Esq., Luke C. Platzer, Esq., and Damien C. Specht, Esq., Jenner & Block LLP, for the protester. Richard P. Rector, Esq., and Nedra Adams, Esq., DLA Piper LLP, for Mainstream Engineering, Inc., an intervenor. Debra J. Talley, Esq., Jessica Easton, Esq., and Sarah McWilliams, Esq., Department of the Army, for the agency. Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency misevaluated protester's proposal in making a downselection decision is denied, where record shows that agency properly eliminated the proposal for failing to meet a test standard established as a minimum requirement for further consideration in the competition. DECISION HDT Tactical Systems, Inc., of Solon, Ohio, protests the elimination of its proposal from further consideration during a downselection procedure conducted by the Department of the Army in connection with its acquisition of variously-sized improved environmental control units (IECUs), under request for proposals No. W909MY-08-R-0014. HDT maintains that its IECUs were misevaluated during a testing phase of the acquisition, that the agency treated it and its competitor, Mainstream Engineering, Inc., of Rockledge, Florida, disparately, and that the agency unreasonably failed to engage in discussions. We deny the protest. The agency originally issued the RFP in 2008 and awarded contracts to both HDT and Mainstream. Both contracts contemplated potentially four phases of performance. During phase one, both contractors were to design and fabricate two prototype IECUs, a 9,000 BTU unit, and an 18,000 BTU unit. At the conclusion of this initial effort, the contracts called for the performance of testing on the prototype

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