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B-293029,B-293029.2 1 (2004-01-16)

handle is hein.gao/gaobacyod0001 and id is 1 raw text is: I G A 0Comptroller 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: U.S. Facilities, Inc. File: B-293029; B-293029.2 Date: January 16, 2004 William A. Roberts, III, Esq., Phillip H. Harrington, Esq., Janet L. Eichers, Esq., and Derek A. Yeo, Esq., Wiley Rein & Fielding, for the protester. Peter F. Marvin, Esq., and Justin K. Miller, Esq., Marvin, Larsson, Henkin & Scheuritzel, for Elliott-Lewis Corporation, an intervenor. Kimberly Y. Nash, Esq., and Bruce M. Kasson, Esq., Department of Housing & Urban Development, for the agency. Ralph 0. White, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protester's contention that the agency should have rejected, or downgraded, the awardee's proposal for its failure to offer a project manager who would be available during performance is denied where the record shows that the awardee disclosed during negotiations that the project manager identified in its initial proposal had been promoted and would eventually be unavailable to serve as offered, and shows that, after discussion with the agency, the awardee promised in its final revised proposal that, if it were selected for award, the project manager would serve as offered until completion of the transition phase of the contract, and until a replacement suitable to both parties could be found. 2. Even when there is no requirement in a solicitation to obtain commitments from non-key incumbent personnel, an agency reasonably may favorably evaluate an offeror's stated intent to retain as many of the non-key incumbent employees as possible. 3. Protester's contention that the agency unreasonably evaluated different approaches in the offerors' price proposals is denied where the record shows that the solicitation contained a patent ambiguity that neither offeror raised prior to submission of its proposal, and where both offerors took affirmative and reasonable steps to clearly explain their approach to the ambiguity.

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