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B-272261 1 (1996-09-18)

handle is hein.gao/gaocrptaeik0001 and id is 1 raw text is: Comptroller 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: Research Analysis and Maintenance, Inc. File: B-272261; B-272261.2 Date: September 18, 1996 William L. Walsh, Jr., Esq., J. Scott Hommer III, Esq., Win. Craig Dubishar, Esq., and Paul N. Wengert, Esq., Venable, Baetjer and Howard, for the protester. Gerard F. Doyle, Esq., Alexander T. Bakos, Esq., Doyle and Bachman, an intervenor. Jeffrey I. Kessler, Esq., and Gary Theodore, Esq., Department of the Army, 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. In a negotiated procurement for computer system and software engineering support services, protest that the contracting agency was required to consider Capability Maturity Model software process assessments under various technical evaluation factors is denied where the solicitation only provided for the use of the Capability Maturity Model in the evaluation of proposals under one evaluation subfactor. 2. Protest that the contracting agency misapplied the Capability Maturity Model in assessing the protester's and awardee's software process risk is denied where the protester merely disagrees with the agency's risk assessment and does not show the agency's judgment to be unreasonable. 3. In a procurement for the award of a time-and-materials contract with fixed-price burdened labor rates, the contracting officer reasonably evaluated the realism of the offerors' proposed labor rates, in accordance with the solicitation, where the agency assessed the offerors' ability to attract, hire, and retain qualified personnel during the contract at the proposed rates. 4. The contracting agency did not coerce or mislead the protester into raising its proposed labor rates, where the agency was reasonably concerned with the protester's ability to hire and retain qualified personnel due to its low proposed labor rates and asked the protester during discussions to substantiate how it intended to hire and retain qualified personnel at the rates proposed; the protester's 354101

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