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B-280766.3 1 (1999-04-12)

handle is hein.gao/gaocrptajet0001 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
                                                    GAO Protective Order. This redacted version has been
                                                    approved for public release.




             Matter of: E. L. Hamm & Associates, Inc.

             File:       B-280766.3

             Date:       April 12, 1999

             Howard W. Roth III, Esq., Michael L. Sterling, Esq., and Arthur Serratelli, Esq.,
             Vandeventer Black, for the protester.
             Capt. Joseph L. Fuller, Department of the Army, for the agency.
             Paula A. Williams, Esq., and Michael R. Golden, Esq., Office of the General Counsel,
             GAO, participated in the preparation of the decision.
             DIGEST

             1. Evaluation of awardee's proposal for cost-reimbursement contract was
             unreasonable where awardee's cost proposal was based on use of personnel in
             labor category with wage determination labor rate substantially lower than that of
             labor category required to perform tasks set out in solicitation's performance work
             statement.

             2. Protest is sustained where agency did not assess the realism of the awardee's
             proposed overhead rate, which was significantly below its most recent Defense
             Contract Audit Agency (DCAA) approved rate.
             DECISION

             E. L. Hamm & Associates, Inc. (Hamm) protests the award of a contract to
             Communication Technologies, Inc. (Comtek) under request for proposals (RFP)
             No. DABT60-98-R-0014, issued by the Department of the Army for storage and
             warehouse services at the Army Training Support Center (ATSC), Fort Eustis,
             Virginia. Hamm, the incumbent subcontractor, challenges various agency actions
             with regard to this procurement, including the agency's failure to perform a proper
             cost realism evaluation and the agency's source selection decision.

             We sustain the protest.

             The primary mission of the ATSC is the storage and distribution of training
             materials. These training materials include correspondence course books, tapes,
             compact discs, videotapes, posters, testing materials, training support plans, soldier
             handbooks, and other training materials. These materials are shipped to the

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