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B-281836 1 (1999-04-12)

handle is hein.gao/gaocrptajid0001 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: Construction Technology Laboratories, Inc. File: B-281836 Date: April 12, 1999 Richard J. Webber, Esq., Alison J. Micheli, Esq., and Evan Stolove, Esq., Arent Fox Kintner Plotkin & Kahn, for the protester. Kevin P. Connelly, Esq., Stuart B. Nibley, Esq., and Adria Benner, Esq., Seyfarth, Shaw, Fairweather & Geraldson, for Professional Services Industry, Inc., an interveno r. Steven M. Rochlis, Esq., Federal Highway Administration, for the agency. Ralph 0. White, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency improperly credited awardee for proposing the incumbent's key employees is denied where (1) the solicitation permitted offerors to propose personnel from whom the offeror had no commitment, provided the offeror included a compensation package and detailed transition plan found sufficient to enable the offeror to meet the staffing requirements before contract performance; (2) the awardee included such a package and stated in its proposal that it would attempt to hire the incumbent personnel; (3) the awardee's plan to provide salaries at or above the level provided by the incumbent reasonably was evaluated as sufficient to make it likely that the awardee would be able to hire the incumbent employees if it prevailed in the competition. 2. Challenge to the agency's conclusion that three of the awardee's proposed key employees met the experience requirements set forth in the solicitation is denied where the record shows that the agency reasonably concluded that at least two of the three minimally complied with the experience requirements, and with respect to the third, any shortcoming in experience is de minimis and was reasonably reflected in the awardee's point score in the key personnel area. 3. Protester's assertion that the agency improperly selected the lower-rated, lower- priced proposal, rather than the protester's higher-rated, higher-priced one, is denied where the record shows that the cost/technical tradeoff was based on an accurate understanding of the strengths and weaknesses of the two proposals.

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