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B-266299 1 (1996-02-09)

handle is hein.gao/gaocrptadvf0001 and id is 1 raw text is: 






' ITV'


90127


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

Decision


Matter of: Creative Management Technology, Inc.

File:       B-266299

Date:     February 9, 1996

Jacob Dixon, Jr. for the protester.
Col. Thomas F. Brown, Capt. Christopher M. Petras, and Martin F. McAlwee, Esq.,
Department of the Air Force, for the agency.
Behn Miller, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

1. Protest alleging that agency failed to conduct meaningful discussions with
protester is denied where discussion questions reasonably led protester into area of
its technical proposal that was deficient.

2. Agency's determination that the protester's lower-priced proposal did not
represent the best value to the government in a procurement for technical
engineering and spacelift services is unobjectionable where the agency reasonably
evaluated the protester's proposal as posing a moderate performance risk due to the
protester's reliance on subcontractor personnel and corporate resources, and
reasonably concluded that compared to the awardee's proposal, which was
reasonably evaluated as posing a low performance risk due to the awardee's
capability to rely on in-house personnel and internal corporate resources, was worth
the price premium.

3. Protest that awardee gained an unfair competitive advantage because it proposed
the services of government employee as a project leader is denied where:
(1) government employee advised the agency of his employment discussions and
subsequent offer from the awardee; (2) the government employee did not
participate in the procurement; (3) there is no evidence that the government
employee influenced the technical evaluators or that the employee had access to
source selection information, or otherwise conferred an unfair competitive
advantage on the awardee; and (4) there is no evidence that the government
employee participated in the preparation of the awardee's proposal.
DECISION

Creative Management Technology, Inc. (CMT) protests the award of a contract to
AJT and Associates under request for proposals (RFP) No. F08650-95-R-A078, issued
by the Department of the Air Force for technical engineering and spacelift services

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