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B-271002 1 (1996-06-03)

handle is hein.gao/gaocrptaecb0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision DOCUMENT FOR PUBLIC RELEASE A protected decision was issued on the date below and was subject to a GAO Protective Order. This version has been redacted or approved by the parties involved for public release. Matter of: ManTech Environmental Technology, Inc. File: B-271002; B-271002.2; B-271002.3 Date: June 3, 1996 Mark D. Colley, Esq., Laura E. Gasser, Esq., Steven D. Gordon, Esq., Craig A. Holman, Esq., and David P. Metzger, Esq., Holland & Knight, for the protester. Matthew S. Perlman, Esq., William W. Goodrich, Jr., Esq., and Alison J. Micheli, Esq., Arent Fox Kintner Plotkin & Kahn, for Dynamac Corporation, an intervenor. Thomas A. Darner, Esq., Environmental Protection Agency, for the agency. Paul E. Jordan, Esq., and Paul Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision., DIGEST 1. Under solicitation which does not require identification of most proposed personnel until after contract award, where offer included self-styled staffing plan in which personnel do not match those identified in cost proposal, protest alleging material misrepresentation is denied where there is no evidence that offeror did so intending to mislead the agency and the agency did not credit the staffing plan in performing its technical evaluation. 2. Agency's acceptance of awardee's proposed uncompensated overtime rates is unobjectionable, and does not constitute a relaxation of the specifications where solicitation does not prohibit uncompensated overtime, agency properly evaluates it, and agency ensures that contract provides for receipt of its value. 3. In procurement for services under level-of-effort, cost reimbursement solicitation where awardee proposes to hire as many employees of long-term incumbent as possible, but includes a cost proposal under which more than half of the listed positions are new hires at substantially lower entry level salary rates, protest of cost evaluation is sustained where agency simply accepted proposed rates without taking any reasonable steps to verify new hire rates or otherwise to adjust rates to reflect most probable cost.

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