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B-281664 1 (1999-03-18)

handle is hein.gao/gaocrptajhq0001 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: BMVAR & Associates, Inc. File: B-281664 Date: March 18, 1999 Joan Fiorino, Esq., Douglas & Barnhill, for the protester. Richard B. Oliver, Esq., McKenna & Cuneo, L.L.P., James J. Griffin, Griffin Services, Inc., intervenors. Clarence D. Long, III, Esq., Department of the Air Force, for the agency. Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Office of Management and Budget Circular No. A-76 and the Circular No. A-76 Revised Supplemental Handbook (March 1996) do not require that the government submit a technical performance plan (TPP) for evaluation under the first step of a two-step sealed bidding acquisition to determine the low bid for comparison with the government's in-house bid. The Supplemental Handbook requires a TPP for evaluation purposes only where the private sector proposal is selected for cost comparison on the basis of a negotiated or best value procurement. 2. Protest that fixed-price solicitation for civil engineering services subjects bidders to unreasonable risk due to requirement for lump sum price with no limitation on amount of work that can be ordered under various tasks is sustained where pricing scheme imposes unreasonable risk on the contractors, and thus unduly restricts competition. DECISION BMAR & Associates, Inc. protests request for technical proposals (RFTP) No. F08651-98-R-0001, issued by the Department of the Air Force for civil engineering services at Eglin Air Force Base in Florida.1 The acquisition is being conducted as a cost comparison study under Office of Management and Budget 1The services include management of family housing and dormitories, military family housing maintenance, facility maintenance, and repair of facilities and roads at the Eglin Air Force base test range site, waste water treatment plant operation, and the contractor-operated civil engineering supply store. Contracting Offic er's Statement at 1; RFTP § C-5.

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