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B-281082 1 (1998-12-22)

handle is hein.gao/gaocrptahxy0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a I GAO Protective Order. This redacted version has been approved for public release. Matter of: Omni Corporation File: B-281082 Date: December 22, 1998 Paul Shnitzer, Esq., Kenneth M. Bruntel, Esq., and Jeffrey E. Greene, Esq., Crowell & Moring, for the protester. Lynda Troutman O'Sullivan, Esq., and Benjamin D.M. Wood, Esq., Miller & Chevalier, for Ferguson-Williams, Inc., an intervenor. Matthew Keiser, Esq., and Charles A. Briggs, Esq., U.S. Army Corps of Engineers, for the agency. Ralph 0. White, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency conducted misleading discussions and improperly evaluated proposals during a competition to select the private-sector proposal upon which to base a cost comparison pursuant to Office of Management and Budget Circular No. A-76 is dismissed as premature where the protester files its challenge prior to the post-award debriefing offered by the agency at the conclusion of the administrative appeal process resolving the successful private-sector offeror's challenge to the agency's in-house cost estimate. 2. Agencies are required to provide offerors who participate in the private-sector competition portion of the A-76 cost comparison process--but are not selected for comparison with the in-house offer--a debriefing on the results of the competition. DECISION Omni Corporation protests that the U.S. Army Corps of Engineers treated Omni unfairly during the competition held pursuant to request for proposals (RFP) No. DACW66-98-R-0003 for the operation and maintenance of locks and dams on the Red River Waterway in Louisiana. The RFP was used to select a private-sector offer for comparison to the government's in-house cost estimate under Office of Management and Budget (OMB) Circular No. A-76. Omni argues that, among other things, the Corps misled it to increase its staffing (and thus its price) for these services, while the government's in-house estimate used a lower staffing level than Omni.

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