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B-288892 1 (2001-12-19)

handle is hein.gao/gaocrptamst0001 and id is 1 raw text is: 




         G     A     0                                                 Comptroller General
             SIntegrity Reliability                                     of the United States
 ~ccountabthty Inert Rea iy
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: Wyle Laboratories, Inc.

          File:        B-288892; B-288892.2

          Date:        December 19, 2001

          Richard B. Oliver, Esq., and Jance R. Hawkins, Esq., McKenna & Cuneo, for the
          protester.
          Michael L. Sterling, Esq., Daniel R. Weckstein, Esq., and Walter T. Camp, Esq.,
          Vandeventer Black, for the Bionetics Corporation, an intervenor.
          Gregory Petkoff, Esq., and Paul S. Davison, Esq., Department of the Air Force, for
          the agency.
          Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the
          General Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          1. Contracting agency reasonably determined that contractor's performance of both
          a contract for operation of the agency's highest echelon calibration laboratory and a
          contract for operation of lower echelon calibration laboratories did not pose an
          organizational conflict of interest where government personnel who are responsible
          for monitoring and measuring contractor performance under both contracts rely
          primarily on information other than feedback from other contractors in performing
          these functions.

          2. Protest alleging that agency unreasonably failed to recognize several positive
          aspects of protester's proposal as strengths is denied where protester fails to
          demonstrate that agency's assessment of the significance of these aspects of its
          proposal was unreasonable.

          3. Protest alleging that agency should have adjusted awardee's cost proposal
          upward to account for its offering of a lower fringe benefit rate than the rate paid by
          the incumbent contractor is denied where agency reasonably determined that the
          awardee's proposed fringe benefit rate, which was [deleted] the rate required in the
          Department of Labor wage determination included in the solicitation, was realistic.


          DECISION

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