Assertion of Overqualified Personnel Should be Corrected During Discussions
A proposal that was eliminated from the competitive range included several professionals who were exempt from the Services Contract Act. The Navy rejected the bid, which was actually lower in price, because it proposed an overqualified staff, stating “we don’t need professionals to turn wrenches”. In the protest, the GAO stated the proposal was improperly rejected ruling the contractor’s use of the very highly qualified staff was not a deficiency. Even assuming the offeror should have proposed some personnel not exempt from the SCA, the “weakness” could have been corrected through discussions (Nations Inc. GAO B-280048).
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