Candle Corp. v. United States

42 Cont. Cas. Fed. 77,276, 40 Fed. Cl. 658, 1998 U.S. Claims LEXIS 62, 1998 WL 154849
CourtUnited States Court of Federal Claims
DecidedApril 3, 1998
DocketNo. 97-851C
StatusPublished
Cited by26 cases

This text of 42 Cont. Cas. Fed. 77,276 (Candle Corp. v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Candle Corp. v. United States, 42 Cont. Cas. Fed. 77,276, 40 Fed. Cl. 658, 1998 U.S. Claims LEXIS 62, 1998 WL 154849 (uscfc 1998).

Opinion

OPINION

MEROW, Judge.

[This Opinion was filed, under seal, on February 27, 1998, and it was then provided that, by April 1, 1998, counsel would file redacted versions to identify any confidential, proprietary business information which should not be disclosed to the public. The redacted versions have been filed under seal, and, as a result, several brief modifications have been made in the following Opinion to remove the confidential, proprietary business information which was identified. Several other minor changes have been made as well. The February 27, 1998 Opinion remains under seal as the basis for the final judgment entered in this case.]

This post-award bid protest is before the court on cross-motions for judgment on the administrative record. Plaintiff Candle Corporation (“Candle”) seeks to set aside the United States Department of the Army, Defense Communications Electronics Evaluation and Testing Activity’s (“DCEETA”) decision to award a software contract to defendant-intervenor Boole & Babbage, Inc. (“Boole”). Plaintiff maintains that the award was improper because Boole’s proposal did not comply with “minimum essential requirements” in the solicitation. For the reasons stated below, it is determined that the award was not in accordance with law. However, because plaintiff has not shown that it was prejudiced, it is not entitled to relief.

BACKGROUND

The procurement at issue involves MQSeries system management software. MQSeries is messaging software developed by IBM which allows business applications to integrate and communicate across desktop and mainframe systems, overcoming inconsistencies with different network protocols and all major commercial platforms. While security considerations preclude a description of DCEETA’s MQSeries system, the materials in the administrative record provide an example of how the software can be used. A state agency could use MQSeries to process the renewal of driver’s licenses. As a customer waits at a local department of motor vehicles office, a clerk sends a message by computer to state headquarters requesting approval of renewal of the customer’s license. The message enters a centralized queue and is posted in individual queues for review by different applications. Each application performs a different function, such as research for outstanding tickets, arrest warrants, etc. If the customer’s record is clean, each application will send an “okay” and approval will be provided to the local clerk. Administrative Record (“AR”) at 108.

[660]*660On September 15, 1997, DCEETA sent a request for information (“RFI”) to four software companies, Boole, Candle, Tivoli Systems (“Tivoli”), and BMC Software, Inc. (“BMC”), seeking information about products which would allow DCEETA to manage and monitor its MQSeries system. One question asked was, “Does the system provide the functionality to edit the contents of an individual message [in a queue]?” AR at 20. The use of queues in messaging is described in a source referenced in the record as follows:

Queuing is a NO-CONNECTION communication choice. Queuing partners are not directly connected; they communicate only through queues.
Queuing is a time adaptation technique used for saving information until the intended message receiver is ready to receive it, be that just nanoseconds, milliseconds, or many minutes away. Entities are indirectly communicating, and each is operating at its own preferred or maximum speed unaffected by the others.

Burnie Blakeley, Harry Harris & Rhys Lewis, Messaging & Queuing Using the MQI 39 (1995) (emphasis in original). The same source defines “message” as “header” plus “user data.” Id. at 377. The header consists of message attributes which help to control the delivery of the message to its destination queue, such as the target queue name, the length of user data, message priority, etc. Id. An authority cited by plaintiff defines the header as “[t]hat part of a message that contains the transmission-control information preceding the text.” Charles J. & Roger J. Sippl, The Computer Dictionary and Handbook 319 (3d ed.1980).

Each potential bidder responded to the RFI, with Boole and BMC responding jointly. Only Candle stated that its product could edit the contents of messages in a queue. The other potential bidders stated that their products could not do so.

On October 21, 1997, DCEETA issued a request for proposals (“RFP”) to Boole, Candle, and Tivoli for a system to manage and monitor its MQSeries system. The RFP indicated that the procurement was a “commercial item” acquisition. See 48 C.F.R. Part 12 (1997). Section B of the RFP contained contract line items for perpetual software licenses, maintenance for fiscal year 1998, and options for maintenance for fiscal years 1999-2001. Section M indicated that the contract would be awarded to the offer representing the best value to the government, considering cost and technical factors. However, section M also stated that “[i]n order to be considered for award, it is necessary that the offer satisfy all Minimum Essential Requirements.” AR at 250 (emphasis in original). The next section listed the Minimum Essential Requirements (“MERs”) and again emphasized that “an Offeror’s/Vendor’s product MUST meet [the MERs] in order to be considered for selection.” AR at 253 (emphasis in original). MER 10 stated: “The MQSeries management system shall provide the capability to edit messages in a queue.” AR at 255. MER 33 stated: “Product must be generally available (GA) and shipping as a production model (not an Alpha or Beta product) 01 June 1997.” AR at 258. Proposals were due November 5, 1997. The RFP was amended twice before that date in response to questions from Candle and Boole. Neither amendment addressed MER 10 or 33.

On November 5, 1997, Boole and Candle submitted proposals. With respect to MER 10, Boole’s proposal stated that a component of its product, Command MQ,

provides the ability to manipulate message header information. Command MQ’s rule processor provides users with the ability to direct a message to any queue, by changing the transmission header. Additionally, Command MQ provides a REXX API [application product interface] to the MQI thereby providing a facility to retrieve the message, edit it’s [sic] contents and place the message in a queue.

AR at 322. Boole and the government explain that the “REXX API” requires “the agency to develop its own code or use another commercial product to interface with the API and edit the contents of messages.” Intervenor’s Opp’n to Pl.’s Mot. for J. on the R. (“Int. Opp.”) at 8; Def.’s Mot. for J. on the R. (“Def. Mot.”) at 18. Boole’s proposal also [661]*661stated that its product complied with MER 33. Boole proposed a total price of $398,743.

In response to MER 10, Candle’s proposal stated that PQEdit, a component of the offered system, “provides the capability to edit messages in a queue. This Generally Available product is available to the user right ‘out of the box.’ ” AR at 386. Candle also stated that its product complied with MER 33 and proposed a total price substantially higher than Boole’s. The price for PQEdit was not a significant percentage of Candle’s total proposed price. AR at 660.

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Bluebook (online)
42 Cont. Cas. Fed. 77,276, 40 Fed. Cl. 658, 1998 U.S. Claims LEXIS 62, 1998 WL 154849, Counsel Stack Legal Research, https://law.counselstack.com/opinion/candle-corp-v-united-states-uscfc-1998.