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G A 0 Comptroller General
Accountability * Integrity* Reliability of the United States
United States General Accounting 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: Mnemonics, Inc.
File: B-290961
Date: October 28, 2002
John R. Kancilia, Esq., Gray, Harris & Robinson, for the protester.
Maj. Robert B. Neill and Wayne J. Van Kauwenbergh, Esq., Department of the Army,
for the agency.
Glenn G. Wolcott, Esq., and Michael R. Golden, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST
Where solicitation provided that technical evaluation factors would be evaluated
against specified requirements on a pass/fail basis, and agency concluded that
protester's proposal met all the stated pass/fail requirements, agency improperly
excluded protester's proposal from the competitive range [deleted] because
protester's proposal was not among the most highly rated, where the agency's
determination was based on an assessment of proposals' strengths weaknesses
and deficiencies under the factors that the solicitation indicated would be
evaluated on a pass/fail basis, as well as under other undisclosed evaluation
factors.
DECISION
Mnemonics, Inc. protests the Department of the Army's exclusion of Mnemonics'
proposal from the competitive range under request for proposals (RFP) No. USZA95-
02-R-0017 for the development and production of Intel Broadcast Receivers (IBR) to
be used in MH-47 and MH-60 helicopters. Mnemonics' protests, among other things,
that the agency's exclusion of Mnemonics' proposal, and the retention of [deleted]
proposal in the competitive range, were based on the agency's application of
unstated evaluation factors.
We sustain the protest.](ViewImageLocal?handle=hein.gao/gaocrptaohq0001&div=1&collection=&method=preview&ext=.png&size=3)