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B-270397.2 1 (1996-05-16)

handle is hein.gao/gaocrptadym0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision DOCUMENT FOR PUBLIC RELEASE A protected decision was issued on the date below and was subject to a GAO Protective Order. This version has been redacted or approved by the parties involved for public release. Matter of: The Futures Group International File: B-270397.2 Date: May 16, 1996 Paul Shnitzer, Esq., and Mark D. Taylor, Esq., Crowell & Moring, for the protester. Alan A. Pemberton Esq., Covington & Burling, for Management Sciences for Health, an intervenor. Anna Chytla, Esq., Agency for International Development, for the agency. Jerold D. Cohen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that a particular type of experience on the part of an offeror's key contract employee was a prerequisite for award is denied where the solicitation did not mandate such experience and where, contrary to the protester's arguments, the agency's actions during negotiations should not have led the protester to conclude that such experience was mandatory and to structure its offer accordingly. 2. Protest that solicitation funding requirement and related cost evaluation criterion were unfair is dismissed as untimely since it concerns apparent solicitation improprieties that should have been protested before proposals were due. 3. Protest that agency did not adequately justify selection of higher cost offeror is denied where such offeror overall received a higher evaluated cost score than did the protester; technical considerations were worth four times as much as cost considerations and the awardee's technical score was better than the protester's; and the selection official reasonably determined that acceptance of the higher cost offer was warranted given its technical advantages particularly with respect to the offeror's proposed key contract employee. DECISION The Futures Group International (TFGI) protests the award of a contract to Management Sciences for Health (MSH) under request for proposals (RFP) No. 521- 95-005, issued by the Agency for International Development (AID). The solicitation sought offers for a cost-plus-fixed-fee contract to implement the Health Systems (HS) 2004 Project in Haiti. TFGI protests that the awardee's Chief of Party (COP) 337414

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