United States Government Publishing Office publisher pbl distributor dst United States Government Accountability Office author aut Government Organization text government publication eng GAOREPORTS Legislative Agency Publications gao_comptroller_general legislative 2016-06-24 U.S. Government Publishing Office 1996-09-18 monographic deposited born digital 12 p. GA 1.13:B-272261 https://www.govinfo.gov/app/details/GAOREPORTS-B-272261 P0b002ee18fd4b8c7 f:272261 DGPO 2016-06-24 2016-06-24 GAOREPORTS-B-272261 machine generated eng fdlp COMPTROLLERDECISION GAOREPORTS-B-272261 B-272261 Comptroller General Decision 1. In a negotiated procurement for computer system and software engineering support services, protest that the contracting agency was required to consider Capability Maturity Model software process assessments under various technical evaluation factors is denied where the solicitation only provided for the use of the Capability Maturity Model in the evaluation of proposals under one evaluation subfactor.<p/>2. Protest that the contracting agency misapplied the Capability Maturity Model in assessing the protester's and awardee's software process risk is denied where the protester merely disagrees with the agency's risk assessment and does not show the agency's judgment to be unreasonable.<p/>3. In a procurement for the award of a time-and-materials contract with fixed-price burdened labor rates, the contracting officer reasonably evaluated the realism of the offerors' proposed labor rates, in accordance with the solicitation, where the agency assessed the offerors' ability to attract, hire, and retain qualified personnel during the contract at the proposed rates.<p/>4. The contracting agency did not coerce or mislead the protester into raising its proposed labor rates, where the agency was reasonably concerned with the protester's ability to hire and retain qualified personnel due to its low proposed labor rates and asked the protester during discussions to substantiate how it intended to hire and retain qualified personnel at the rates proposed; the protester's decision to increase its proposed labor rates reflected the exercise of the firm's business judgment.<p/>5. Protest that the awardee's proposed small business and small disadvantaged business subcontracting plan does not satisfy the solicitation requirements is denied where the solicitation required offerors to subcontract at least 20 percent of the contract value to small business concerns and to make a good faith effort to subcontract at least 5 percent of the contract value to small disadvantaged business concerns; the awardee proposed subcontracting more than 20 percent of the contract value to two subcontractors, a small business concern and a small disadvantaged business concern; and the protester has not shown that the agency's determination that the awardee made a good faith effort to meet the small disadvantaged business subcontracting goal was unreasonable or not in accord with the solicitation requirements.<p/>6. The contracting agency reasonably determined that any potential organizational conflict of interest involving a proposed subcontractor of the awardee would be avoided or mitigated through the assignment of work under contract task orders. https://www.govinfo.gov/content/pkg/GAOREPORTS-B-272261/html/GAOREPORTS-B-272261.htm https://www.govinfo.gov/content/pkg/GAOREPORTS-B-272261/pdf/GAOREPORTS-B-272261.pdf GAO/B-272261 https://www.govinfo.gov/app/details/GAOREPORTS-B-272261 Comptroller General Decision GAO/B-272261; Research Analysis and Maintenance, Inc.;