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B-403386,B-403386.2 1 (2010-11-03)

handle is hein.gao/gaobadbot0001 and id is 1 raw text is: G A 0 Comptroller General 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: Marine Hydraulics International, Inc. File: B-403386; B-403386.2 Date: November 3, 2010 Terence Murphy, Esq., Patrick H. O'Donnell, Esq., and J. Bradley Reaves, Esq., Kaufman & Canoles, for the protester. Robert M. Tata, Esq., and Carl D. Gray, Esq., Hunton & Williams, LLP, for Earl Industries, LLC, an intervenor. Janice M. Passo, Esq., Department of the Navy, for the agency. Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging agency's cost realism evaluation is sustained, where agency unreasonably made several upward adjustments to protester's proposed cost that raised protester's cost above awardee's; but for the erroneous adjustments, protester's evaluated cost would have been low. DECISION Marine Hydraulics International, Inc. (MH), of Norfolk, Virginia, protests the award of a contract to Earl Industries, LLC, of Portsmouth, Virginia, under request for proposals (RFP) No. N00024-08-R-4405, issued by the Department of the Navy, Naval Sea Systems Command, for executing, planning, maintenance, repair and alteration to a number of LPD 17 Class ships home ported in, and visiting, the Norfolk, Virginia area. MH maintains that the agency misevaluated proposals and made an unreasonable award decision. We sustain the protest. The RFP contemplated the award of a cost plus award and incentive fee, multi-ship, multi-option contract for a base year, with four 1-year options, for up to 10 ship availabilities (an availability is an interval of time during which a ship is made available to the contractor for performance of required work). Because the precise work during each availability is unknown in advance, the RFP included a notional

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