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B-406625 1 (2012-07-17)

handle is hein.gao/gaobadoxk0001 and id is 1 raw text is: G A O0 Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: EMR, Inc. File: B-406625 Date: July 17, 2012 Michael Gross, EMR, Inc., for the protester. Greg Harding, Esq., Department of the Air Force, for the agency. Frank Maguire, Esq., and David A. Ashen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency improperly coerced protester to raise its labor rates and overall price, by advising during discussions that specific labor rates appeared to be low in relation to other offerors, and represented a weakness, is denied where information provided by agency was accurate, protester was specifically advised to either verify the proposed rates or provide revised rates, and record indicates that protester's decision to raise its labor rates was a business decision, not compelled by the agency. DECISION EMR, Inc., of Lawrence, Kansas, protests the Department of the Air Force's failure to award it a contract under request for proposals (RFP) No. FA6643-1 1 -R-0003, for the Command-wide O&M Program Execution Contract (COMPEC II) program, for construction and engineering services at Air Force activities. EMR asserts that the agency's evaluation of its labor rates was inconsistent with the RFP's statement that the evaluation of price would be based upon total price. EMR also arpues that the agency improperly coerced it during discussions into raising its price. 1 EMR proceeded with its protest pro se and therefore did not have an attorney who could obtain access to nonpublic information pursuant to the terms of a protective order. Accordingly, our discussion of the facts of this protest is necessarily general in nature to avoid reference to nonpublic information. Our conclusions, however, are based on our review of the entire record, including nonpublic information.

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