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B-270075 1 (1996-02-05)

handle is hein.gao/gaocrptadwc0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Strategic Analysis, Inc. File: B-270075; B-270075.4 Date: February 5, 1996 James D. Bachman, Esq., and Alexander T. Bakos, Esq., Doyle & Bachman, for the protester. Elward L. Saul, Esq., Department of the Navy, for the agency. Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Record does not demonstrate that awardee intentionally misrepresented status of proposed key employee as employee rather than consultant, where there is no evidence that awardee was aware that the individual had been sent, and signed, a consultant agreement rather than an employment agreement, and the individual clearly agreed to employee status prior to award. 2. Protest that agency improperly held discussions (on limited matters) only with awardee will not be sustained where protester does not establish prejudice by showing that it would have altered its proposal to its competitive advantage had it been included in discussions. 3. Evaluation of proposals was reasonable where information provided by awardee in response to agency's questions demonstrated that awardee's proposal met the requirements of the solicitation. DECISION Strategic Analysis, Inc. (SAI) protests the award of a contract to Management Resources, Inc. (MRI) under request for proposals (RFP) No. N00014-95-R-0001, issued by the Office of Naval Research for personnel and facilities to provide management, administrative and technical assistance to the Joint Directors of Laboratories. SAI complains that the award was improper because (1) MRI misrepresented the status of one of its key personnel; (2) the agency improperly held discussions only with MRI; and (3) the evaluation was unreasonable. We deny the protest. The RFP, issued as a small business set-aside on March 21, 1995, contemplated the award of a cost-plus-fixed-fee contract to the offeror whose proposal represented 11225

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