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B-271065 1 (1996-06-12)

handle is hein.gao/gaocrptaecp0001 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: Theta Engineering, Inc. File: B-271065; B-271065.2 Date: June 12, 1996 Thomas B. Archbold, Esq., Fredrikson & Byron, P.A., for the protester. Gerald T. Nielsen, Esq., Thomas F. Williamson, Esq., and Marcia G. Madsen, Esq., Morgan, Lewis & Bockius, for Engineering/Documentation Systems, Inc., an intervenor. Colonel Nicholas P. Retson and Major Michael J. O'Farrell, Jr., Department of the Army, for the agency. Andrew T. Pogany, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency misevaluated cost proposals by upwardly adjusting protester's proposed costs and conversely failing to upwardly adjust awardee's proposed cost in certain cost elements, with result that the protester's cost was higher than the awardee's is denied, where upward adjustment of protester's cost was reasonable in two challenged areas, and other adjustments in the protester's or awardee's cost proposal would not displace awardee as the low offeror. 2. Where protester fails to show that its proposal was technically superior to awardee's proposal--and even assuming the protester's argument to be valid that its technical proposal should have been rated technically equal to awardee's technical proposal--cost properly became the important factor for selection, and protester was not entitled to the award because its evaluated cost was not low. DECISION Theta Engineering, Inc., the incumbent contractor, protests the award of a cost-plus- base/award fee contract to Engineering/Documentation Systems, Inc. (EDSI) under request for proposal (RFP) No. DAKF36-95-R-0002, issued by the Department of the Army, Fort Drum, New York for direct support and general support (DS/GS) maintenance services and repair of commercial and tactical equipment in various commodity groups at several military facilities. Theta principally challenges the evaluation of cost and technical proposals. 218710

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