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B-411919,B-411919.2,B-411919.3 1 (2015-11-20)

handle is hein.gao/gaobadrrd0001 and id is 1 raw text is: 




         G    A     0                                                  Comptroller General
      Accountabilty * 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.
         D e  c i s i o n                          - .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . ..


         Matter of:   INDUS Technology, Inc.

         File:        B-411919; B-411919.2; B-411919.3

         Date:        November 20, 2015

         Richard B. Oliver, Esq., J. Matthew Carter, Esq., and Meghan D. Doherty, Esq.,
         Pillsbury Winthrop Shaw Pittman LLP, for the protester.
         Bryan Arnold, Esq., Gordee Nowicki & Blakeney, LLP, for Celeris Systems, Inc., the
         intervenor.
         Robert Jusko, Esq., and Alan Mygatt-Tauber, Esq., Department of the Navy, for the
         agency.
         Paula J. Haurilesko, Esq., and David A. Ashen, Esq., Office of the General Counsel,
         GAO, participated in the preparation of the decision.
         DIGEST

         1. Protest that the agency engaged in unequal treatment with respect to the past
         performance evaluations of offerors is denied, where the offerors were not similarly
         situated with respect to the magnitude and reason for cost overruns.

         2. Protest that the agency engaged in unequal treatment with respect to its cost
         realism analysis is denied, where the agency's cost evaluation approach was
         reasonably based on the unique circumstances of each offeror's cost history.
         DECISION

         INDUS Technology, Inc., of San Diego, California, protests the Department of the
         Navy's issuance of a task order to Celeris Systems, Inc., of Anaheim, California,
         under request for proposals (RFP) No. N00024-14-R-3249, for engineering,
         technical, and business support services. INDUS challenges the evaluation of both
         its and Celeris' proposals, as well as the agency's tradeoff decision.

         We deny the protest.

         BACKGROUND

         The RFP, issued on August 27, 2014 and set aside for small business concerns,
         provided for the issuance of a cost-plus fixed-fee task order under the Navy's

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