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B-271741.2 1 (1996-08-07)

handle is hein.gao/gaocrptaefs0001 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: Ann Riley & Associates, Ltd.

             File:        B-271741.2

             Date:        August 7, 1996

             Ronald K Henry, Esq., and Mark A. Riordan, Esq., Kaye, Scholer, Fierman, Hays &
             Handler, LLP, for the protester.
             Matthew S. Perlman, Esq., and Tenley A. Carp, Esq., Arent Fox Kintner Plotkin &
             Kahn, for Bayley Reporting, Inc., an intervenor.
             George C. Brown, Esq., Ilene F. Citrin, Esq., and Valerie G. Preiss, Esq., Securities
             and Exchange Commission, 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. Allegation that agency unreasonably identified five weaknesses in the protester's
             proposal is dismissed for failure to state a basis of protest where the protester did
             not identify the weaknesses and offered no specific challenge to the agency's
             assessment even though the protester received a debriefing during which the agency
             explained its evaluation conclusions.

             2. Where circumstances indicate that a small business bidder or offeror may not
             comply with the statutorily-mandated requirement in solicitations for services set
             aside for small business participation that at least 50 percent of the cost of
             personnel incurred must be for employees of the small business concern, an agency
             has a duty to inquire into the likelihood of compliance. This duty is satisfied when
             the agency receives explanations and assurances from the bidder or offeror
             reasonably indicating that the bidder or offeror will comply.
             DECISION

             Ann Riley & Associates, Ltd. protests the award of a contract to Bayley Reporting,
             Inc. under request for proposals (RFP) No. SECHQ1-94-R-0008, issued by the
             Securities and Exchange Commission (SEC) for court reporting and transcription
             services. Ann Riley contends that the SEC's selection of the Bayley proposal was
             improper because: (1) Bayley could not, would not, and did not intend to comply
             with the mandatory Limitations on Subcontracting clause in the RFP; (2) the agency
             unreasonably evaluated the Bayley proposal under certain evaluation subfactors


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