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B-280048.4 1 (1999-05-19)

handle is hein.gao/gaocrptajeo0001 and id is 1 raw text is: -e GeAtOa E Comptroller General of the United States United States General Accounting 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: Pulau Electronics Corporation File: B-280048.4; B-280048.5; B-280048.6; B-280048.7 Date: May 19, 1999 Thomas P. Humphrey, Esq., Kenneth M. Bruntel, Esq., John E. McCarthy, Jr., Esq., Joseph W.C. Warren, Esq., and Tejpal Singh Chawla, Esq., Crowell & Moring, for the protester. Donald J. Walsh, Esq., Scaldara & Potler, for AAlEngineering Support, Inc., an intervenor. John A. Evans, Esq., Sharon Hershkowitz, Esq., and Andrea E. Brotherton, Esq., Department of the Navy, for the agency. Christine Davis, Esq., and James Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency unreasonably determined that awardee corrected during discussions a significant staffing shortfall in support of a major solicitation requirement, where the agency, both in its award selection and in defense of this protest, relied upon proposal revisions that, in fact, addressed an unrelated staffing area in the awardee's proposal and did not consider whether the uncorrected staffing shortfall-which alone accounted for the awardee's decisive price advantage-would adversely affect the awardee's ability to meet its requirements. 2. In a solicitation for a fixed-price-award-fee contract with some unevaluated time and materials (T&M) contract line items (CLIN), a solicitation requirement that offerors use common labor rates in developing their prices for the evaluated fixed-price CLINs and the unevaluated T&M CLINs did not prohibit offerors from proposing discounts to the fixed-price CLINs. DECISION Pulau Electronics Corporation protests the award of a contract to AAI/Engineering Support, Inc. under request for proposals (RFP) No. N61339-97-R-0011, issued by the Department of the Navy on behalf of the Department of the Army for life cycle

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