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B-299880 1 (2007-09-07)

handle is hein.gao/gaocrptauha0001 and id is 1 raw text is: A G A O Comptroller General . Accountability * Integrity * Reliability of the United States United States Government Accountability 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: Kemron Environmental Services, Inc. File: B-299880 Date: September 7, 2007 Kevin R. Armbruster, Esq., and Jason C. Grech, Esq., Cushing, Morris, Armbruster & Montgomery, LLP, for the protester. Kenneth A. Redden, Esq., Environmental Protection Agency, for the agency. Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency's inadvertent disclosure of protester's price information, which was limited in scope, resulted in unfair competition is denied where record does not demonstrate that protester was competitively harmed. DECISION Kemron Environmental Services, Inc. protests the award of a contract to WRS Infrastructure & Environment, Inc. under request for proposals (RFP) No. PR-R4-06- 10166, issued by the Environmental Protection Agency (EPA) for superfund emergency and rapid response services for the removal of hazardous substances. Kemron argues that, because EPA disclosed certain of its price information to WRS in the course of the procurement, the agency should be required either to cancel the solicitation and resolicit for its needs or award a contract to Kemron. We deny the protest. The RFP provided for the award of up to three indefinite-delivery/indefinite-quantity time and material contracts to the lowest-cost, technically acceptable offerors. RFP § M at 1. The RFP provided a list of 15 labor categories, with the maximum number of hours required annually for each, and 73 items of equipment, with the maximum number of days annually that each piece of equipment would be in use. RFP § L at 5-8. With respect to price, offerors were required to propose a loaded fixed hourly rate for each identified labor category, and a fixed daily use rate for each piece of equipment. RFP § L at 30, 31. In evaluating price, the agency would multiply the loaded rates by the estimated maximum number of labor hours, and the daily

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