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B-277270 1 (1997-09-23)

handle is hein.gao/gaocrptagbr0001 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: Environmental Affairs Management, Inc. File: B-277270 Date: September 23, 1997 Kent R. Minshall, Jr., Esq., for the protester. James J. McCullough, Esq., James S. Kennell, Esq., and Douglas R. M. King, Esq., Fried, Frank, Harris, Shriver & Jacobson, for Science Applications International Corporation, an intervenor. Richard N. Wolf, Esq., and Laura Henry, Esq., National Aeronautics and Space Administration, for the agency. Peter Jannicelli, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest alleging that agency officials provided the awardee inside information that gave it a competitive advantage and that evaluators were biased in favor of the awardee is denied where the protester has provided no detail to substantiate its allegations and there is nothing in the record to support them. 2. Protest alleging that agency improperly made an upward adjustment to the protester's proposed costs to reflect the agency's estimate of the amount of a reasonable award fee, without first discussing the matter with the protester is denied where: (1) the RFP was for a cost-plus-award-fee contract and clearly indicated that offers should include an award fee, but the protester's offer did not do so; (2) the agency considered the award fee a key element for ensuring excellent performance; (3) the RFP cautioned that the agency intended to award the contract on the basis of initial proposals without discussions; (4) the protester has indicated that it intended to propose an award fee if the subject had been raised during discussions; and (5) the agency reasonably estimated the protester's award fee based upon the median percentage for award fees contained in other proposals.

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