About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-275592 1 (1997-03-06)

handle is hein.gao/gaocrptafuz0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a I GAO Protective Order. This redacted version has been approved for public release. Matter of: USATREX International, Inc. File: B-275592; B-275592.2 Date: March 6, 1997 Richard J. Webber, Esq., and Alison J. Micheli, Esq., Arent, Fox, Kintner, Plotkin & Kahn, for the protester. Terrence O'Donnell, Esq., Ari S. Zymelman, Esq., and Jonathan L. Marcus, Esq., Williams & Connolly, for Century Technologies, Inc., an intervenor. Dennis J. Gallagher, Esq., Department of State, for the agency. Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency's failure to consider proposed subcontractors' experience under a past performance/relevant experience criterion is denied where circumstances warranted limiting such consideration to the past performance/experience of the offeror only. 2. Protest against conduct of improper post-best and final offer discussions is denied where, although such discussions occurred, the record conclusively shows that they were not prejudicial to the protester. 3. Allegation that awardee engaged in prohibited bait and switch tactic is denied where there is no showing that the offeror did not intend to provide those employees offered in its proposal, and personnel substitutions are adequately explained by the record and permissible under the contract. DECISION USATREX International, Inc. protests the award of a contract to Century Technologies, Inc. (Centech) under request for proposals (RFP) No. S-DTSPO-96-R- 3007, issued by the Department of State (DOS) for technical support services in connection with the agency's telecommunications program to link offices and embassies worldwide. USATREX maintains that the agency misevaluated proposals and improperly engaged in discussions with Centech after the submission of best and final offers (BAFO), and that Centech engaged in an improper bait and switch of personnel. We deny the protest.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most