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B-275818 1 (1997-03-31)

handle is hein.gao/gaocrptafvt0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: EBA Engineering, Inc. File: B-275818 Date: March 31, 1997 Robert G. Fryling, Esq., and Edward J. Hoffman, Esq., Blank, Rome, Comisky & McCauley, for the protester. J. Patrick McMahon, Esq., and Kenneth D. Brody, Esq., McMahon, David & Brody, for Soil and Land Use Technology, Inc., an intervenor. Beverly M. Russell, Esq., Federal Highway Administration, Department of Transportation, for the agency. Paul E. Jordan, Esq., and Paul Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Composition of technical evaluation panel is within the discretion of the agency, and where protester has not shown actual bias on the part of particular evaluators there is no basis to question the composition of the panel. 2. Allegation of bait and switch of proposed key personnel is denied where there is no evidence of misrepresentation by awardee, solicitation provided for substitution of key personnel, and of ten proposed key personnel, all but two are available or performing. 3. Contracting officer's determination that offeror's firm, fixed-price proposal is reasonable is unobjectionable where it is based on a price analysis that includes comparison of direct and indirect rates with other offerors and other agency contracts for similar services, which reasonably supports contracting officer's conclusion. 4. Source selection official's (SSO) decision to raise offeror's technical standing is unobjectionable since SSO is not bound by the recommendations and conclusions of working level evaluators and SSO's decision is reasonable. DECISION EBA Engineering, Inc. protests the award of a contract to Soil and Land Use Technology, Inc. (SaLUT) under request for proposals (RFP) No. DTFH61-96-R- 00050, issued by the Federal Highway Administration (FHWA), Department of Transportation, for laboratory support services. EBA contends that the evaluation 21241

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