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B-278896.2 1 (1998-05-04)

handle is hein.gao/gaocrptahqq0001 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: Aerospace Design & Fabrication, Inc. File: B-278896.2; B-278896.3; B-278896.4; B-278896.5 Date: May 4, 1998 Paralee White, Esq., Michael A. Hordell, Esq., and Lisa K Miller, Esq., Gadsby & Hannah, for the protester. James S. Ganther, Esq., Ganther & Fee, for Dynacs Engineering Co., Inc., an interveno r. Vincent A. Salgado, Esq., and Jerald J. Kennemuth, Esq., National Aeronautics and Space Administration, 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. Protester's contention that the awardee misrepresented the availability of its key personnel is sustained where the record shows that the awardee had not obtained a commitment from the proposed individuals as it claimed, and where the misrepresentation, together with an evaluation error by the agency, resulted in a material misevaluation of the key personnel section of the awardee's proposal. 2. Agency contention that award fee negotiations on a prior contract were sufficient opportunity for the protester to comment on adverse information received from a past performance reference, as required by Federal Acquisition Regulation § 15.610(c)(6) (June 1997), is rejected, and the protest sustained, where the protester was a subcontractor on the prior contract, not the prime contractor, and where the record shows that the subcontractor had no meaningful role, or opportunity to respond, during the award fee negotiations with the prime c o ntrac to r. 3. Solicitation terms are latently ambiguous and result in unequal competition where the record shows that the offerors reasonably understood requirements and submitted proposals based on different assumptions that potentially skewed the agency's assessment under the relevant experience and past performance evaluation factor.

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