Dynamic Resources, Inc., B-277213; B-277213.2, September 16,

Dynamic Resources, Inc., B-277213; B-277213.2, September 16, BNUMBER: B-277213; B-277213.2 DATE: September 16, 1997 TITLE: Dynamic Resources, Inc., B-277213; B-277213.2, September 16, 1997 ********************************************************************** DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a 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. We deny the protest. BACKGROUND The RFP was issued on September 19, 1996, and contemplated the award of an indefinite delivery/indefinite quantity contract to maintain and operate the agency's aviation maintenance database systems--the Aviation Computerized Maintenance System (ACMS) and the Aviation Maintenance Management Information System (AMMIS)--including operation of computer hardware and telecommunications equipment, design and update of application software and other technical services. Additionally, the RFP potentially required the contractor to integrate the two large transactional databases, ACMS with AMMIS, into the Aviation Logistics Management Information System (ALMIS), which will support mission critical aviation logistic business processes such as aircraft maintenance, reliability, repair, overhaul, supply, flight operations and management analysis for the agency's Aircraft Repair and Supply Center and 26 Coast Guard air stations. The RFP requested prices for a base period and 4 option years, which were to be evaluated. The RFP contained 33 separate and specific labor categories of personnel who were required to perform maintenance-related services, and identified specific education and experience requirements for each. The RFP also identified certain of these labor categories as "key personnel," which were defined as "those persons, whether employed by the offeror or by one of the offeror's [prospective] subcontractors and teaming contractors who will occupy the following positions or perform" any of the following duties: program manager; technical manager; senior reliability engineer; computer programmers; aircraft maintenance analysts; programmer/analyst; and software engineer (emphasis in original).