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B-279493.3 1 (1998-07-27)

handle is hein.gao/gaocrptahso0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Telos Corporation File: B-279493.3 Date: July 27, 1998 Katherine S. Nucci, Esq., and Timothy Sullivan, Esq., Adduci, Mastriani & Schaumberg, for the protester. Lori S. Chofnas, Esq., Department of the Navy, for the agency. Linda S. Lebowitz, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency reasonably evaluated the cost realism of the awardee's proposed direct labor rates for key and non-key personnel by considering a signed letter of commitment in which a proposed key employee agreed to be compensated at a relatively low labor rate and by considering the labor rates currently paid by the awardee under a contract in the same geographic area to individuals with qualifications similar to the qualifications required by the solicitation for non-key personnel. 2. Agency engaged in meaningful discussions, not technical leveling, in tailoring its discussions to the awardee's proposal by specifying the precise organizational and presentation shortcomings in the firm's key personnel resumes. 3. Agency was not required to discuss with the protester its higher cost since such cost was consistent with the firm's approach of paying higher direct labor rates to retain the incumbent personnel; the protester's substantially higher cost was a reasonable basis to exclude the firm's proposal from the competitive range. DECISION Telos Corporation protests the award of a contract to ITT Federal Services International Corporation under request for proposals (RFP) No. N00140-97-R-1971, issued by the Department of the Navy for operation, maintenance, technical, and engineering support services for the Kuwait Air Force Communications Network. Telos challenges the agency's evaluation of ITT's cost proposal, the agency's conduct of discussions, and the agency's exclusion of its proposal from the competitive range.

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