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B-277978 1 (1997-12-16)

handle is hein.gao/gaocrptaged0001 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: BE, Inc.; PAI Corporation File: B-277978; B-277978.2 Date: December 16, 1997 George Townes for BE, Inc., and Kurt M. Rylander, Esq., and Kenneth Martin, Esq., Martin & Rylander, Esq., for PAI Corporation, the protesters. Marcia G. Madsen, Esq., David F. Dowd, Esq., Stephanie P. Gilson, Esq., and Lisanne E. Sanborn, Esq., Miller & Chevalier, for Systematic Management Services, Inc., an intervenor. Gena Cadieux, Esq., Department of Energy, for the agency. David Ashen, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency unreasonably determined that awardee's proposed labor rates were realistic is denied where agency determination was supported by (1) a comparison of the awardee's rates to those of the other offerors and to wage survey information furnished by offerors, and (2) the fact that all of the awardee's proposed key employees were currently employed and proposal included evidence of ability to retain staff. 2. Protest that questions posed by agency at oral presentations constituted discussions such that the agency was required to advise offerors of weaknesses in their offers and request best and final offers is without merit where the information solicited was not substantial, but merely clarified information already presented in proposal; information was not necessary to find proposal acceptable; and no proposal revision opportunity was provided. DECISION BE, Inc. (BEI) and PAI Corporation protest the Department of Energy's (DOE) award of a contract to Systematic Management Services, Inc. (SMS), under request for proposals No. DE-RP04-97AL76614, for technical support services. BEI and PAI challenge DOE's cost/price evaluation and cost/technical tradeoff decision; PAI challenges DOE's determination not to request best and final offers (BAFO). The solicitation contemplated award of an indefinite delivery/indefinite quantity task order contract, for a base year with 4 option years, to a small business to furnish

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