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B-280766.5 1 (1999-12-29)

handle is hein.gao/gaocrptajeu0001 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. Decision Matter of: E.L. Hamm & Associates, Inc. File: B-280766.5 Date: December 29, 1999 Michael L. Sterling, Esq., and Howard W. Roth III, Esq., Vandeventer Black, for the protester. Capt. Joseph L. Fuller, and Maj. Frank A. March, 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. Protest alleging that agency, in implementing recommendation in decision sustaining a protest, improperly reopened discussions with firm whose proposal had been eliminated from competitive range is denied where the firm's proposal had been recommended for elimination for award, but was not actually eliminated from the competitive range. 2. Challenge to cost realism analysis is denied where, notwithstanding limited analysis performed by agency, protester has not identified any prejudicial flaw in analysis and record does not indicate any weakness in analysis prejudiced protester. 3. Agency was not required to find awardee's proposed general and administrative rate unduly low where the rate was capped, and thus created no cost realism problem, and the rate was not so much lower than the firm's approved provisional rate as to require a finding that it created risk for the agency. DECISION E.L. Hamm & Associates, Inc. protests the proposed award of a cost-plus-award-fee contract to Computer Systems International, Inc. (CSI) by the Department of the Army, under request for proposals (RFP) No. DABT60-98-R-0014, for storage and warehouse services at the Army Training Support Center, Fort Eustis, Virginia. The award followed a reevaluation undertaken by the Army in response to an earlier protest, E.L. Hamm & Assocs., Inc., B-280766.3, Apr. 12, 1999, 99-1 CPD 85, against the award to Communication Technologies, Inc. (Comtek). We sustained Hamm's

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