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B-293867 1 (2004-06-04)

handle is hein.gao/gaocrptapmq0001 and id is 1 raw text is: 




         G     A     0                                                Comptroller General
             SIntegrity 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: AdapTech General Scientific, LLC

          File:       B-293867

          Date:       June 4, 2004

          John E. Jensen, Esq., Devon E. Hewitt, Esq., and Daniel S. Herzfeld, Esq., Shaw
          Pittman, for the protester.
          Claude P. Goddard, Jr., Esq., and Mary Katherine Holohan, Esq., Wickwire Gavin, for
          Resource Management Concepts, Inc., an intervenor.
          Mitzi S. Phalen, Esq., Naval Air Systems Command, for the agency.
          Paul E. Jordan, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          1. Where underlying evaluation record confirms agency's finding of no significant
          difference in technical quality between protester's and awardee's equally-rated
          proposals, source selection authority reasonably concluded that awardee's
          lower-priced proposal represented best value to the government.

          2. Allegation of improper bait and switch scheme by awardee based on job offers
          to incumbent key and non-key personnel is denied where there is no showing that
          awardee misrepresented availability of its proposed key personnel; job offers were
          made after incumbent personnel contacted awardee post-award; contract includes
          key personnel substitution provision; although awardee plans to request substitution
          of 3 of 11 key personnel, all but one proposed key employee--who left the firm--is
          available to perform if substitution is not approved; and potential substitution of
          non-key personnel could have no impact on evaluation, which focused on key, not
          non-key, personnel qualifications.
          DECISION

          AdapTech General Scientific, LLC protests the award of a contract to Resource
          Management Concepts, Inc. (RMC) under request for proposals (RFP) No. N00421-
          03-R-0114, issued by the Naval Air Warfare Center Aircraft Division as a competitive
          section 8(a) set-aside for support services. AdapTech challenges the agency's source
          selection methodology and asserts that RMC engaged in an improper bait and
          switch of its proposed personnel.

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