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B-297879 1 (2006-03-29)

handle is hein.gao/gaobacznb0001 and id is 1 raw text is: G A 0Comptroller General c Accountability * Integrity * Reliability of the United States United States Government Accountability 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: BAE Systems Norfolk Ship Repair Inc. File: B-297879 Date: March 29, 2006 Thomas 0. Mason, Esq., Robert E. Korroch, Esq., and Francis E. Purcell, Jr., Esq., Williams Mullen, for the protester. Robert M. Tata, Esq., Carl D. Gray, Esq., and Kevin J. Cosgrove, Esq., Hunton & Williams LLP, for Earl Industries, LLC, an intervenor. Rhonda L. Russ, Esq., Naval Sea Systems Command, for the agency. Edward Goldstein, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Where solicitation for award of a cost-plus-award-fee contract required offerors to base their cost proposals on sample work items and further required offerors to use government estimates for labor hours and material costs for the sample work items unless offerors supported proposed deviations to the estimates by clear and compelling evidence, agency reasonably concluded that protester's proposed deviations, supported by non-binding fixed-price quotes for the sample work items, failed to meet the clear and compelling evidentiary standard. 2. Agency's assignment of same overall adjectival rating to protester's and awardee's proposals despite protester's slightly higher past performance rating was reasonable where past performance was the least important technical factor and the record reflects that the agency reasonably considered the underlying substantive differences between the protester's and the awardee's proposals in making its technical and best value assessments. 3. Protester's argument that its proposal should have been more highly rated under management capability factor because it received the highest possible rating under the past performance factor is unwarranted because the two factors at issue had different bases for evaluation. DECISION BAE Systems Norfolk Ship Repair Inc. protests the award of a contract to Earl Industries, LLC under request for proposals (RFP) No. N00024-05-R-4401, issued by

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