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B-291854,B-291854.2 1 (2003-04-03)

handle is hein.gao/gaobacyhd0001 and id is 1 raw text is: I G A 0Comptroller General A- Accountability * Integrity * Reliability 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. Decision Matter of: Verestar Government Services Group File: B-291854; B-291854.2 Date: April 3, 2003 Michael R. Charness, Esq., Charmaine A. Howson, Esq., Robert J. Rothwell, Esq., and Suzanne D. Reifman, Esq., Vinson & Elkins, for the protester. John S. Pachter, Esq., Jonathan D. Shaffer, Esq., Richard C. Johnson, Esq., Edmund M. Amorosi, Esq., Smith Pachter McWhorter & Allen, and Nicholas M. Beizer, Esq., WorldCom Inc., for WorldCom Government Markets, an intervenor. Mark Langstein, Esq., and Joan Maginnis, Esq., Department of Commerce, for the agency. Paul I. Lieberman, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Allegation that agency improperly made affirmative determination of responsibility does not raise serious concern that the contracting officer failed to consider available relevant information where the developed record establishes that extant adverse information cited in protest as evidencing the impropriety of the determination was considered by the contracting officer, who concluded that it did not warrant a nonresponsibility determination in light of an array of mitigating information that was also assessed by the contracting officer. 2. Cost realism analysis of proposal for fixed-price contract was not required where the solicitation provided for waiver where, as here, more than one acceptable proposal was received; to the extent such an analysis was performed, agency reasonably concluded that awardee's particular technical approach and industry cost trends established realism of proposed price, even though that price is substantially below both the protester's price and the price at which the awardee/incumbent is currently performing the requirement.

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