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B-283650 1 (1999-12-16)

handle is hein.gao/gaocrptajna0001 and id is 1 raw text is: 



                   -e GeAtOa
 __Comptroller General
                                                                  of the United States
United States General Accounting Office           DOCUMENT FOR PUBLIC RELEASE
Washington, DC 20548                             The decision issued on the date below was subject to a
                                                 GAO Protective Order. This redacted version has been
                                                 approved for public release.

         Decision

         Matter of: Advanced Communication Systems, Inc.

         File:       B-283650; B-283650.2; B-283650.3

         Date:       December 16, 1999

         William L. Walsh, Jr., Esq., J. Scott Hommer III, Esq., and Wm. Craig Dubishar, Esq.,
         Venable, Baetjer and Howard, for the protester.
         Rand L. Allen, Esq., Philip J. Davis, Esq., and Daniel A Silien, Esq., Wiley, Rein &
         Fielding, for Boo z-Allen & Hamilto n, Inc., an interveno r.
         Jean Lewis, Esq., Peter D. Butt, Jr., Esq., and Kevin Travis, Esq., Department of the
         Navy, for the agency.
         Aldo A. Benejam, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
         GAO, participated in the preparation of the decision.
         DIGEST

         1. Allegation that agency's cost realism analysis was flawed because it failed to
         consider differences in direct labor rates between the awardee's proposed rates and
         the protester's higher rates is denied, where the record shows that the agency
         reasonably relied on reviews and recommendations by Defense Contract Audit
         Agency of the awardee's direct labor hourly rates, and the agency reasonably
         determined that the projected cost of awardee's performance presented no technical
         risk.

         2. Allegation that awardee engaged in prohibited bait and switch tactic is denied
         where there is no showing that the offeror knowingly or negligently made any
         misrepresentation regarding employees that it did not expect to furnish during
         c o ntrac t perfo rmanc e.

         3. Protester's contention that agency improperly evaluated its proposal is denied
         where the record shows that the agency evaluated in accordance with the criteria
         announced in the solicitation and the record reasonably supports the evaluators'
         ratings.
         DECISION

         Advanced Communication Systems, Inc. (ACS) protests the award of contracts to the
         team led by Booz-Allen & Hamilton, Inc. under request for proposals (RFP)
         No. N00039-99-R-3205(Q), issued by the Space and Naval Warfare Systems Command

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