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B-284310 1 (2000-03-28)

handle is hein.gao/gaocrptalah0001 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: Trajen, hie.

         File:      B-284310; B-284310.2

         Date:      March 28, 2000


         Jeffrey A. Stonerock, Esq., and Steven A. Alerding, Esq., Baker Botts, for the
         protester.
         Anne Rathmell Davis, Esq., and Lori S. Chofnas, Esq., Department of the Navy, for
         the agency.
         Linda S. Lebowitz, Esq., and Michael R. Golden, Esq., Office of the General Counsel,
         GAO, participated in the preparation of the decision.
         DIGEST

         Protest of agency appeal authority's cost comparison decision made pursuant to
         Office of Management and Budget Circular No. A-76 is sustained where the appeal
         authority lacked a reasonable basis for reversing the initial cost comparison
         conclusion that contractor performance was more economical than in-house
         perfo rmanc e.
         DECISION

         Trajen, Inc. protests the decision of the Department of the Navy's appeal authority,
         pursuant to Office of Management and Budget (OMB) Circular No. A-76, that it
         would be more economical to operate and maintain in-house the Defense Fuel
         Support Point (DFSP) Pearl Harbor, Hawaii, rather than to contract for these
         services under request for proposals (RFP) No. SP0600-99-R-0005, issued by the
         Defense Energy Support Center, Defense Logistics Agency (DLA). Trajen challenges
         the appeal authority's cost comparison decision on numerous grounds and argues
         that if the cost comparison is adjusted to correct errors, the cost of performance
         under a contract with Trajen would be lower than the cost of in-house performance.


We sustain the protest.

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