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B-282670 1 (1999-08-13)

handle is hein.gao/gaocrptajkj0001 and id is 1 raw text is: 



                   -e GeAtOa
 __Comptroller General
                                                                  of the United States
United States General Accounting Office            DOCUMENT FOR PUBLIC RELEASE
Washington, DC 20548
                                                  The decision issued on the date below was subject to a
                                                  GAO Protective Order. This redacted version has been
                                                  approved for public release.

         D  e c i s i o n                        ----------------------------------------------------------------------------------------------------------------------------


         Matter of: A&T Engineering Technologies, VECTOR Research Division

         File:       B-282670; B-282670.2

         Date:       August 13, 1999


         John S. Pachter, Esq., Jonathan D. Shaffer, Esq., and Jennifer A. Mahar, Esq., Smith,
         Pachter, McWhorter & D'Ambrosio, for the protester.
         Thomas P. Humphrey, Esq., John E. McCarthy, Jr., Esq., and Daniel R. Forman, Esq.,
         Crowell & Moring, for Marconi Systems Technologies, Inc., an interested party.
         Chris E. Hagberg, Esq., Department of the Navy, 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 allegation of an improper bait and switch scheme based on an e-mail
         note sent by an employee of the awardee to an incumbent employee seeking ajob
         with the new contractor which states that the awardee does not have people
         waiting in the wings to work on this contract is denied where there is no showing in
         the record that the awardee has misrepresented the availability or commitment of its
         personnel; the awardee's proposal offered to hire incumbents in accordance with the
         substitution of key personnel clause, while explaining that it had no information at
         the time of proposal submission about the availability of those incumbents; the
         solicitation does not bar substitution of personnel when directed by the agency; and
         there is no other evidence in the record to support the interpretation of the e-mail
         note urged by the protester.

         2. Protester's contention that the agency improperly evaluated its proposed
         personnel is denied where the record shows that the evaluation was consistent with
         the stated evaluation criteria and reasonable.
         DECISION

         A&T Engineering Technologies, VECTOR Research Division protests the award of a
         contract to Marconi Systems Technologies, Inc. under request for propo sals (RFP)
         No. N00167-98-R-0027, issued by the Department of the Navy, Naval Surface Warfare
         Center, for scientific and engineering support services for the Navy's Acoustic

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