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B-278929.2 1 (1998-09-28)

handle is hein.gao/gaocrptahra0001 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: Mar, Inc; WHECO Corporation; Jensco Marine, hie. File: B-278929.2; B-278929.4; B-278929.5; B-278929.6 Date: September 28, 1998 Richard L. Hames, Esq., Davis Wright Tremaine, for WHECO Corporation; Paul Shnitzer, Esq., Crowell & Moring, for MAR, Inc.; W. Bruce Shirk, Esq., and Lorenzo F. Exposito, Esq., Powell, Goldstein, Frazer & Murphy, for Jensco Marine, Inc., the protesters. John A. Douglas, Esq., William A. Shook, Esq., and Kelley P. Doran, Esq., Preston Gates Ellis & Rouvelas Meeds, for General Offshore Corporation, an intervenor. Arthur I. Rettinger, Esq., and William P. McGinnies, Esq., U.S. Customs Service, for the agency. Charles W. Morrow, Esq., and Jerold Cohen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest of the evaluation of proposals as technically equal is denied where the record shows that the agency's determination was reasonable based on the similarity of competing proposals in terms of personnel and experience, past performance, and overall quality. 2. Protest that cost evaluation was improper because the agency failed to consider the realism of the awardee's proposed labor rates is denied where the protester was not prejudiced by the agency's failure to make certain upward adjustments to the awardee's rates. 3. Protester has not presented a basis to challenge the award where the agency downgraded the protester's proposal because its newly formed corporation failed to demonstrate corporate experience, but nonetheless considered the proposal to be technically equal to the other proposals and awarded the contract to a lower-priced offeror. 4. Award to successor in interest to the firm that submitted the initial proposal is proper where the successor in interest acquired the offeror's entire business.

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