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B-286297 1 (2000-12-20)

handle is hein.gao/gaocrptalfu0001 and id is 1 raw text is: 




         G     A    O0                                                 Comptroller General
             A a * Integrity Reliability                                of the United States
 ~ccountabthty Inert Rea iy
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.

          Decision

          Matter of: S. C. Myers & Associates, Inc.

          File:        B-286297

          Date:        December 20, 2000


          Stephen M. Seeger, Esq., Quagliano & Seeger, for the protester.
          Stephen R. Jones, Esq., Department of Labor, for the agency.
          Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the
          General Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          Where an offeror proposes a particular individual for a key position with the
          intention of removing that individual from the position after an unspecified
          transition period under the contract, and the agency relies on the offeror's
          representation that the individual will be performing the work in evaluating its
          proposal, the agency reasonably rejected the proposal once the agency learned of
          the offeror's actual intent.
          DECISION

          S. C. Myers & Associates, Inc. (SCMA) protests the rejection of its proposal and the
          award of a contract to McKissack & McKissack under request for proposals (RFP)
          No. RFP-DCS-00-08, issued by the Department of Labor for program management
          services in support of the Job Corps design and construction program. The protester
          contends that the agency erred in finding its proposal technically unacceptable.

          We deny the protest.

          The RFP, which was issued on December 28, 1999 as a total small business 8(a)
          set-aside, contemplated the award of a cost-plus-fixed-fee contract for a base and
          4 option years. Services to be performed included project management and contract
          administration of design and construction contracts issued by the Department of
          Labor in support of the Job Corps program; on-site construction management and
          inspection; assistance in the procurement of furnishings and equipment for new Job
          Corps facilities; assistance in negotiations for site acquisition and continuing
          management and disposal of real property used by the Job Corps program; and
          ADP/LAN support.

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