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B-290193 1 (2002-06-25)

handle is hein.gao/gaocrptaofa0001 and id is 1 raw text is: 




          G    A     0                                                Comptroller General
Accountability * Integrity* Reliability                                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: Integrity Management Enterprises, Inc.

          File:        B-290193; B-290193.2

          Date:       June 25, 2002

          Robert E. Korroch, Esq., Michael J. Gardner, Esq., Francis E. Purcell, Jr., Esq., and
          James J. Reid, Esq., Williams Mullen Clark & Dobbins, for the protester.
          Robert J. McMullen, Esq., Department of the Navy, for the agency.
          John L. Formica, Esq., and James A. Spangenberg, Esq., Office of the General
          Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          1. Agency conducting a commercial activities study under Office of Management and
          Budget Circular A-76 did not act improperly in amending the performance work
          statement (PWS) during its review of the in-house management plan where the
          agency determined at that time that the PWS did not accurately reflect its minimum
          needs and the changes to the PWS were provided to the private-sector offerors
          through amendment of the request for proposals.

          2. Agency reasonably determined, during a commercial activities study under Office
          of Management and Budget Circular A-76, that the in-house management plan
          reasonably established the ability of the government to perform the requirements of
          the performance work statement (PWS), and identified and included all costs
          necessary to perform the PWS requirements.

          3. Agency, which during its evaluation of private-sector proposals submitted as part
          of a commercial activities study under Office of Management and Budget Circular
          A-76 found that the selected best value proposal merely met the requirements of
          the request for proposal's performance work statement (PWS) and did not identify
          any strengths in the proposal, was not required to make any adjustments to the
          in-house management plan, which also was found to meet the minimum PWS
          requirements.
          DECISION

          Integrity Management Enterprises, Inc. (IME) protests the Department of the Navy's
          determination, pursuant to Office of Management and Budget (OMB) Circular A-76,
          that it would be more economical to retain the performance of central support

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