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B-413128,B-413128.2 1 (2016-08-22)

handle is hein.gao/gaobadsot0001 and id is 1 raw text is: 



r         G     A     0                                                  Comptroller General
1Ac        untabilty * 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                           L .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . ..


           Matter of:   AM Pierce & Associates Inc.

           File:        B-413128; B-413128.2

           Date:        August 22, 2016

           Robert E. Gregg, Esq., Karen R. Harbaugh, Esq., and John R. Sharp, Esq., Squire
           Patton Boggs (US), LLP, for the protester.
           Samantha Basso, Esq. and Stephanie J. Quade, Esq., Department of the Navy,
           Naval Air Systems Command, for the agency.
           K. Nicole Willems, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the
           General Counsel, GAO, participated in the preparation of the decision.
           DIGEST

           1. In conducting a cost realism analysis in a negotiated procurement, agency
           reasonably used the protester's actual indirect cost rates from the prior fiscal year,
           instead of the protester's significantly lower proposed rates, where there was a
           significant discrepancy between the protester's historical rates and its proposed
           rates, and the agency could not determine that the proposed rates were realistic.

           2. Agency reasonably used labor rates for current employees when evaluating the
           protester's labor costs, where the solicitation advised offerors that the agency would
           ascertain the degree to which the proposed direct labor costs were based on named
           employees and where the agency reserved the right to evaluate the costs at a
           higher rate to match the caliber of the personnel proposed.

           3. Protest that the agency failed to perform a proper best-value tradeoff and
           essentially converted the basis for award from best-value to lowest-priced,
           technically acceptable is denied where the record shows that the agency performed
           a best-value tradeoff that was reasonable and adequately documented.

           DECISION

           AM Pierce & Associates, Inc. (AMP), located in California, Maryland, protests the
           award of a contract to Island Creek Associates, LLC (ICA), located in St. Leonard,
           Maryland, under request for proposals (RFP) No. N00421-15-R-0034, issued by the

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