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![handle is hein.gao/gaocrptaccp0001 and id is 1 raw text is:
Comptroller General
of the United States
Washington, D.C. 20548
Decision DOCUMENT FOR PUBLIC RELEASE
A protected decision was issued on the date below
and was subject to a GAO Protective Order. This
version has been redacted or approved by the parties
involved for public release.
Matter of: Vitro Corporation
File: B-261662.2
Date: December 4, 1995
William L. Walsh, Jr., Esq., Lars E. Anderson, Esq., J. Scott Hommer III, Esq., and
Win. Craig Dubishar, Esq., Venable, Baetjer & Howard, for the protester.
Jacob B. Pompan, Esq. and John J. O'Brian, Esq., Pompan, Ruffner & Werfel, for
QuesTech, Inc., intervenor.
Capt. Arthur E. Lees, and Vera Meza, Esq., Department of the Army, for the agency.
Glenn G. Wolcott, Esq., and Paul Lieberman, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST
1. Agency reasonably concluded that protester's proposed potential [deleted]
discount would not accrue to the benefit of the government where the discount
took effect only for labor hours beyond specified levels and the agency reasonably
determined that the threshold requirements would not be achieved.
2. Agency's adjustment of protester's proposed labor rates to reflect risk was
permitted by the terms of the solicitation.
3. Agency reasonably considered protester's performance of predecessor contract
in evaluating protester's proposed rates and agency's across-the-board adjustment of
protester's proposed labor rates does not provide a basis to sustain the protest
where record, as a whole, demonstrates that adjustment did not have a significant
impact on source selection decision.
4. Agency conducted meaningful discussions regarding protester's labor rates
where it advised protester that rates were unacceptably low, and protester's
response demonstrated clear understanding of the minimum expected rates.
DECISION
Vitro Corporation protests the Department of the Army's award of a contract to
QuesTech, Inc. under request for proposals (RFP) No. DAAB1O-93-R-1017, to
provide support for the Army's Intelligence and Electronic Warfare (IEW) activities.
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