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B-275181 1 (1997-01-29)

handle is hein.gao/gaocrptaftq0001 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: Cygnus Corporation File: B-275181 Date: January 29, 1997 William M. Rosen, Esq., Hilary S. Cairnie, Esq., and Edward W. Kirsch, Esq., Dickstein Shapiro Morin & Oshinsky, for the protester. Eric M. Drattell, Esq., David R. Johnson, Esq., and Robert J. Rothwell, Esq., McDermott, Will & Emery, for Caliber Associates, Inc., an intervenor. Terrence J. Tychan and Michael Colvin, Department of Health and Human Services, 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. New and independent grounds of protest included in a protester's comments on the agency report must independently meet the timeliness requirements of the General Accounting Office's Bid Protest Regulations; extensions of time for filing comments do not waive the timeliness requirements. 2. Protester's contentions that the awardee failed to advise the agency that its project director would not be available at the start of contract performance and used an improper bait and switch practice by allowing other employees to substitute for the proposed project director in the first 3 weeks of contract performance is denied where the record shows that the proposal clearly advised the agency that the project director was a contingent hire; the awardee did, in fact, hire the proposed project director as promised; and the project director began work within 3 weeks of contract award. 3. Allegation that agency evaluation of protester's best and final offer (BAFO) was unreasonable is sustained where the record as a whole supports the conclusion that the agency did not meaningfully evaluate certain key material in the BAFO. DECISION Cygnus Corporation protests the award of a contract to Caliber Associates, Inc. under request for proposals (RFP) No. 105-96-1648, issued by the Department of Health and Human Services for the operation and management of the National 41126

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