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B-275321 1 (1997-02-07)

handle is hein.gao/gaocrptafuc0001 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: Ares Corporation File: B-275321; B-275321.2 Date: February 7, 1997 William H. Butterfield, Esq., Christopher H. Jensen, Esq., and Cyrus E. Phillips IV, Esq., Kilcullen, Wilson & Kilcullen, for the protester. Alan Dickson, Esq., and Shlomo D. Katz, Esq., Epstein, Becker & Green, for Sparta, Inc., the intervenor. James T. Tate, Jr., Esq., Ballistic Missile Defense Organization, Department of Defense, for the agency. John L. Formica, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency reasonably determined that an upward adjustment in the awardee's proposed costs was not warranted where the agency found that the awardee's uncompensated overtime rates were reasonable and that its proposed labor escalation rates were adequately justified. 2. Adjectival rating for the awardee's proposal which was equal to the protester's rating under the personnel evaluation criterion was not unreasonable, even though the agency identified a number of weaknesses in the relevant section of the awardee's proposal and did not identify any weaknesses in the relevant section of the protester's proposal, because the weaknesses were identified with regard to only a small percentage of the awardee's proposed personnel and were reasonably accounted for in the agency's risk assessment of this criterion. 3. The selection of a lower-rated, lower-cost offer for award over a higher-rated, higher-cost offer in a best value procurement in which technical merit was stated to be more important than evaluated cost was not improper where the agency reasonably concluded that the higher-rated offer was only slightly better than the 605226

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