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B-292342 1 (2003-08-22)

handle is hein.gao/gaobacykq0001 and id is 1 raw text is: I 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: R&D Maintenance Services, Inc. File: B-292342 Date: August 22, 2003 Alan M. Grayson, Esq., Brian T. Scher, Esq., and James A. McMillan, Esq., Grayson, Kubli & Hoffman, for the protester. James R. Thornton, Jr., Esq., and Connie Ledford Baran, Esq., Department of the Army, Corps of Engineers, for the agency. Kenneth L. Kilgour, Paul I. Lieberman, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Allegation that technical evaluation was improper is denied where the record establishes that the evaluation was reasonable and consistent with the solicitation criteria. 2. Agency is not required to address offeror's relatively high proposed cost during discussions where the cost is not considered unreasonable or unacceptable for award. 3. Protest that awardee engaged in bait and switch is denied where there is no allegation that specific key personnel were proposed and evaluated but not provided; in the circumstances here, the allegation that the awardee may subcontract certain work which it proposed to perform itself does not provide a valid basis for a bait and switch allegation. DECISION R&D Maintenance Services, Inc. (R&D) protests the award of a cost-plus contract to Ferguson-Williams, Inc. (FW) under request for proposals (RFP) No. DACW21-02-R- 0005, issued by the United States Army Corps of Engineers for certain power plant and dam maintenance and construction work. R&D initially protested that the Corps failed to evaluate proposals in accordance with the RFP criteria and failed to conduct meaningful discussions. In response to the agency report, R&D added allegations that the awardee engaged in prohibited bait and switch practices and that the agency's evaluation was unreasonable.

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