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B-309996 1 (2007-11-05)

handle is hein.gao/gaocrptaujc0001 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: Earl Industries, LLC File: B-309996; B-309996.4 Date: November 5, 2007 Robert M. Tata, Esq., and Carl D. Gray, Esq., Hunton & Williams, LLP, for the protester. Michael J. Gardner, Esq., Troutman Sanders, LLP, for the intervenor, Kelly M. Callahan, Esq., Department of the Navy, 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. Protest is sustained in a negotiated procurement for award on a best value basis where the source selection authority (SSA) did not reasonably assess the protester's evaluated superior technical merit in the SSA's cost/technical tradeoff assessment. 2. Protest is sustained in a negotiated procurement for the award of a cost-reimbursement contract, where the agency in its cost realism assessment accepted the awardee's work allocation in its cost proposal, but that allocation was inconsistent with the firm's allocation of work in its technical proposal. 3. Protest is sustained in a negotiated procurement for the award of a cost-reimbursement contract, where the agency in its cost realism assessment applied the protester's historic division-wide composite labor rate rather than the protester's proposed labor rate to perform the solicitation's notional work package and the agency did not consider the protester's explanation during discussions that the firm's division-wide rate included labor categories that the protester would not use in performing in accordance with its proposed technical approach to meeting the notional work package. DECISION Earl Industries, LLC protests the award of a contract to Marine Hydraulics, Inc./Tecnico Corporation, a Joint Venture (MTJV), under request for proposals (RFP) No. N00024-06-R-4409, issued by the Department of the Navy for execution, planning, maintenance, repair and alterations of FFG-7 class ships. Earl challenges the agency's cost and technical evaluations and source selection decision.

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