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![handle is hein.gao/gaocrptaeky0001 and id is 1 raw text is:
oComptroller 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: Ryan Associates, Inc.
File: B-274194; B-274194.2; B-274194.3
Date: November 26, 1996
Jessica C. Abrahams, Esq., David F. Dowd, Esq., and Marcia G. Madsen, Esq.,
Miller & Chevalier, for the protester.
David R. Johnson, Esq., Kathleen C. Little, Esq., and Robert J. Rothwell, Esq.,
McDermott, Will & Emery, for System Planning Corporation, an intervenor.
Gerald Q. Brown, Esq., Ballistic Missile Defense Organization, 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. Technical evaluation of offerors' proposals is unobjectionable where the agency
followed evaluation criteria stated in solicitation, the challenged evaluation findings
all have a reasonable basis, and there is no evidence of unequal treatment of
o ffero rs.
2. Agency satisfied obligation to conduct meaningful discussions where it
reasonably led protester into areas of its proposal requiring clarification or
correction. Agency is not required to reopen negotiations to discuss matters first
identified in an offeror's best and final offer.
3. Protest alleging bait and switch of proposed key personnel is denied where
solicitation does not prohibit substitution of key personnel, and the substitution at
issue consists of only two of more than [deleted] key personnel proposed by the
awardee, both of whom left the awardee's employ after having performed a
significant portion of their proposed level of effort.
4. Under a level-of-effort solicitation which sets the labor hours and labor
categories, agency's cost realism analysis of proposals and determination of most
probable cost is reasonable where it includes: identification of cost issues by the
agency; review of audits by Defense Contract Audit Agency; and adjustments to
costs based upon negotiated overhead rate ceilings.](ViewImageLocal?handle=hein.gao/gaocrptaeky0001&div=1&collection=&method=preview&ext=.png&size=3)