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B-401272 1 (2009-07-08)

handle is hein.gao/gaobadaxu0001 and id is 1 raw text is: ,G A O Comptroller General LXn , 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: New Dynamics Corporation File: B-401272 Date: July 8, 2009 Shay Humphrey, Esq., Rider, Weiner & Frankel, PC, for the protester. Debra J. Talley, Esq., Department of the Army, for Frank Bloomer--Agency Tender Official, and Diana Price, Esq., American Federal of Government Employees, for Don Hale--Designated Employee Agent, intervenors. Lt. Col. Vince T. Vanek, Department of the Army, 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 Protest of agency's decision to retain custodial services in-house based on results of a standard public-private competition conducted pursuant to Office of Management and Budget (OMB) Circular No. A-76 is sustained where the agency failed to reasonably consider whether agency tender's material and supply costs were realistic, as required by the solicitation and OMB Circular A-76. DECISION New Dynamics Corporation of Middletown, New York, protests the decision of the Department of the Army, based on the results of a standard competition conducted pursuant to Office of Management and Budget (OMB) Circular No. A-76, 'to retain 1 The Circular establishes the standard competition procedures at Attachment B, Section D. Under this process, the agency issues a solicitation, obtains offers from private-sector firms and an agency tender (which includes a staffing plan--referred to by the Circular as a most efficient organization (MEO)), performs a source selection, and then, based on the results of the competition, either makes an award to a private-sector offeror or enters into a letter of obligation with an agency official responsible for performance of the MEO. The agency tender is submitted by an agency tender official (ATO)--an inherently governmental agency official who develops, certifies, and represents the agency tender. OMB Cir. A-76, Attach. B, I A.8.a.

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