[Protest of Navy Contract Award for Technical and Engineering Services]

B-244974: Dec 4, 1991

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A firm protested a Navy contract award for technical and engineering services, contending that the: (1) Navy failed to consider the cost realism of the awardee's bid, since the awardee's capped indirect cost rates were substantially lower than its actual rates; (2) awardee intentionally misrepresented its proposed personnel's experience; (3) awardee would be unable to perform the contract at its proposed rates; and (4) Navy improperly evaluated the awardee's proposed personnel's experience and availability. GAO held that the: (1) contract limited reimbursability of indirect costs to the capped rates, and there was no indication that awardee would attempt to recover unreimbursable indirect costs through increases in reimbursable direct costs; (2) protester's allegation regarding the awardee's inability to perform the contract at below-cost rates was a matter of responsibility, which it would not consider absent evidence of fraud or bad faith; (3) protester failed to prove that the awardee intentionally misrepresented its proposed personnel's experience ans availability; and (4) Navy reasonably evaluated the awardee's proposed personnel's experience and availability. Accordingly, the protest was denied.

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