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B-299981.2,B-299981.4 1 (2007-10-10)

handle is hein.gao/gaobadabb0001 and id is 1 raw text is: 


   I

         G     A    0Comptroller General
WAS    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:  Legacy Management  Solutions, LLC

          File:       B-299981.2; B-299981.4

          Date:       October 10, 2007

          Kevin P. Mullen, Esq., and David E. Fletcher, Esq., Cooley Godward Kronish, LLP, for
          the protester.
          Joseph P. Hornyak, Esq., and Allison V. Feierabend, Esq., Holland & Knight, for The
          S.M. Stoller Company, an intervenor.
          H. Jack Shearer, Esq., and Young H. Cho, Esq., Department of Energy, for the agency.
          Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          1. Where solicitation contemplated award of fixed-price contract, agency's
          comparing proposed prices to government estimate and other proposed prices and
          ensuring that prices reflected labor categories and hours specified in solicitation
          constituted reasonable price realism analysis.

          2. Protest of alleged unbalanced pricing among awardee's proposed labor rates is
          denied where agency evaluated challenged rates as reasonable and realistic; record
          shows that rates were within range of all offerors' proposed rates, so that there was
          no basis to find them significantly overstated or understated, and thus no basis to
          find them unbalanced.
          DECISION

          Legacy Management  Solutions, LLC protests the award of a contract to The S.M.
          Stoller Co. under request for proposals (RFP) No. DE-RP1-07LM00060, issued by
          the Department of Energy (DOE) for support services. Legacy complains that the
          agency improperly evaluated the technical proposals and failed to perform an
          adequate price realism analysis.

          We deny the protest.

          DOE's legacy program is responsible for managing land structures and facilities that
          were associated with nuclear weapons production during the cold war and are now
          closed. The RFP sought support services for this program, and provided for award

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