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B-283236 1 (1999-10-25)

handle is hein.gao/gaocrptajlr0001 and id is 1 raw text is: 



                   -e GeAtOa
 __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: ELS Inc.

         File:       B-283236; B-283236.2

         Date:       October 25, 1999


         Joseph G. Billings, Esq., for the protester.
         William A. Weisberg, Esq., Leigh T. Hansson, Esq., and Jeff S. Robinette, Esq.,
         Reed Smith Shaw & McClay, for ADI Technology Corporation, an intervenor.
         Annett H. Madison, Esq., Naval Sea Systems Command, for the agency.
         Guy R. Pietrovito, Esq., and James A. Spangenberg, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         1. In a procurement for a cost-type, level-of-effort support services contract, the
         agency conducted a reasonable cost realism analysis where, among other things, it
         assessed the consistency of awardee's proposed labor hour and labor mix with that
         identified in the solicitation, verified the awardee's proposed direct labor and
         indirect cost rates with the Defense Contract Audit Agency, and found that awardee
         demonstrated a more than satisfactory technical approach and understanding of the
         contract requirements.

         2. Agency reasonably evaluated awardee's proposed professional compensation plan
         pursuant to Federal Acquisition Regulation § 52.222-46, where the agency
         determined from a review of the awardee's proposed direct labor rates and the
         awardee's offer of current, long-time employed personnel that awardee could
         provide a quality workforce throughout the contract term.

         3. General Accounting Office will question the composition of, and changes to, an
         evaluation panel only if there is evidence of bad faith, bias, or conflict of interest.
         DECISION

         ELS Inc. protests the award of a contract to ADI Technology Corporation under
         request for proposals (RFP) No. N00024-98-R-2907, issued by the Naval Sea Systems
         Command for services in support of the SEAWOLF Attack Submarine Acquisition

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