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B-277849.2 1 (1998-01-08)

handle is hein.gao/gaocrptahmo0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision                                  DOCUMENT FOR PUBLIC RELEASE
                                        The decision issued on the date below was subject to a I
                                        GAO Protective Order. This redacted version has been
                                        approved for public release.



Matter of: Sytel, Inc.

File:        B-277849.2; B-277849.3

Date:        January 8, 1998
Keith L. Baker, Esq., Jeffrey E. Weinstein, Esq., and Timi E. Nickerson, Esq., Eckert
Seamans Cherin & Mellott, LLC; and Eric J. Marcotte, Esq., Winston & Strawn, for
the protester.
Lindsay Ball for Dynacs Engineering Co., Inc., the intervenor.
Bernard J. Roan, Esq., and Rami S. Hanash, Esq., National Aeronautics & Space
Administration, for the agency.
Christine Davis, Esq., and James A. Spangenberg, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST

1. Agency reasonably credited one proposal based on favorable impressions of key
personnel during discussions and downgraded another proposal for the apparent
lack of teamwork of key personnel during discussions where solicitation indicated
agency could consider such information.

2. Agency reasonably determined that the awardee's award fee approach provided
sufficient performance incentives, notwithstanding that the awardee proposed no
additional fee in the event the agency exercised an option to acquire additional
labor hours during the contract performance period.

3. Agency reasonably evaluated the protester's and awardee's Total Compensation
Plans as comparable where the overall cost difference between the two plans,
considering all wages and fringe benefits, was negligible.

4. Agency properly conducted discussions expressing concern regarding the
protester's labor rates where they were less than those paid by the incumbent and
the protester's proposal did not adequately justify such lower rates.

5. Protester's post-protest statement that, but for the agency's alleged improper and
misleading discussions, it would have reduced the labor rates in its best and final
offer in an amount sufficient to negate the awardee's cost advantage does not
establish a reasonable possibility of prejudice, where there is no credible evidence
supporting this statement.

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