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B-277213 1 (1997-09-16)

handle is hein.gao/gaocrptagbf0001 and id is 1 raw text is: 


oComptroller General
             of the United States
             Washington, D.C. 20548

             Decision                                 DOCUMENT FOR PUBLIC RELEASE
                                                    The decision issued on the date below was subject to a I
                                                    GAO Protective Order. This redacted version has been
                                                    approved for public release.



             Matter of: Dynamic Resources, Inc.

             File:       B-277213; B-277213.2

             Date:        September 16, 1997

             Richard J. Conway, Esq., James Andrew Jackson, Esq., and Edward W. Kirsch, Esq.,
             Dickstein Shapiro Morin & Oshinsky, for the protester.
             Daniel B. Abrahams, Esq., and Raymond Fioravanti, Esq., Epstein Becker & Green,
             P.C., an intervenor.
             Elaine A. Eder, Esq., Isaac Johnson, Jr., Esq., and Robert E. Korroch, Esq., U.S.
             Coast Guard, for the agency.
             Andrew T. Pogany, Esq., and John M. Melody, Esq., Office of the General Counsel,
             GAO, participated in the preparation of the decision.
             DIGEST

             1. Pre-award survey conducted by contracting agency of successful offeror's
             prospective responsibility did not constitute improper discussions with only that
             offeror, even though agency subsequently decided to request best and final offers,
             where agency held discussions with the protester as well as other offerors prior to
             the request for best and final offers, the information obtained during the pre-award
             survey did not change the results of the selection decision in any way and, in any
             case, protester does not identify any specific areas of its proposal it should have
             been given an opportunity to improve.

             2. An awardee did not materially misrepresent the availability of its proposed
             personnel where it obtained resumes from such personnel and had a reasonable
             basis to expect that the employees would be available for contract performance.
             DECISION

             Dynamic Resources, Inc. (DRI) protests the award of a contract to FC Business
             Systems under request for proposals (RFP) No. DTCG23-96-R-EA7001, a section 8(a)
             competitive set-aside, issued by the United States Coast Guard for professional
             services to operate and maintain computerized management information systems.
             DRI principally alleges that the agency conducted a comprehensive and detailed pre-
             award survey of FC prior to receipt of best and final offers (BAFO) which
             constituted improper discussions with only that firm; that the agency misevaluated
             FC's proposed key personnel and DRI's past performance; and that FC engaged in
             bait and switch tactics with respect to certain proposed personnel.

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