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B-271040 1 (1996-06-10)

handle is hein.gao/gaocrptaecl0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Advanced Communication Systems, Inc. File: B-271040; B-271040.2 Date: June 10, 1996 William L. Walsh, Jr., Esq., J. Scott Hommer III, Esq., Wm. Craig Dubishar, Esq., and Paul N. Wengert, Esq., Venable, Baetjer and Howard, for the protester. J. Andrew Jackson, Esq., and Robert J. Moss, Esq., Dickstein, Shapiro & Morin, for Technical and Management Services Company, an intervenor. Anthony E. Marrone, Esq., Department of the Navy, for the agency. Guy R. Pietrovito, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. An awardee did not materially misrepresent the availability of its proposed 12 personnel, of whom 11 were current awardee employees, where the awardee confirmed their availability prior to award. 2. The contracting agency reasonably found the awardee's proposed personnel to be acceptable, where the awardee's and protester's personnel were similarly found to be in substantial compliance with the solicitation requirements, such that the agency's needs were met and no offeror was prejudiced. 3. The contracting agency's consideration of offerors' prices, resumes, and responsibility in determining to make award to the lowest priced, technically acceptable offeror was reasonable and consistent with the solicitation's evaluation scheme. 4. The allegation that the awardee obtained an unfair competitive advantage by employing a former employee of the protester, who had access to the protester's proprietary pricing and performance strategies, concerns a dispute between private parties which the General Accounting Office will not entertain in the absence of evidence of government involvement. DECISION Advanced Communication Systems, Inc. (ACS) protests the award of a contract to Technical and Management Services Company (TAMSCO) under request for proposals (RFP) No. N00383-95-R-0389, issued by the Department of the Navy for services in support of the agency's Streamlined Automated Logistics Transmission 312610

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