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B-311200 1 (2008-05-12)

handle is hein.gao/gaocrptavzi0001 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: Joint Venture Penauille/BMAR & Associates, LLC

          File:        B-311200; B-311200.2

          Date:        May 12, 2008

          T. Wayne Gray, Esq., Joseph P. Hornyak, Esq., and Megan M. Mocho, Esq., Holland &
          Knight LLP, for the protester.
          Philip J. Davis, Esq., William A. Roberts, III, Esq., Jon W. Burd, Esq., John R. Prairie,
          Esq., and Lina D. Soni, Esq., Wiley Rein LLP, for Team BOS Sigonella, an intervenor.
          Amy M. Steed, Esq., Department of the Navy, for the agency.
          Charles W. Morrow, Esq., Sharon L. Larkin, Esq., and James A. Spangenberg, Esq.,
          Office of General Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          Protest challenging price evaluation is sustained, where the procuring agency
          unreasonably determined that the protester's lower-priced line items for a small
          portion of the work created an extremely high performance risk and based its
          decision on an erroneous belief that the contractor could reject work that was
          ordered.
          DECISION

          Joint Venture Penauille/BMAR & Associates, LLC (JVPB) protests the award of a
          contract to Team BOS Sigonella (BOS) under request for proposals (RFP)
          No. N33191-07-R-0221, issued by the Naval Facilities Engineering Command, Europe
          and Support Services, for facilities support services. JVPB contends that the Navy
          improperly rejected its proposal as being unreasonably low in price.

          We sustain the protest.

          BACKGROUND

          The RFP sought to procure Base Operating and Support Services at the Naval Air
          Station in Sigonella, Italy, under a fixed-price contract, with a combination of
          fixed-quantity and indefinite-quantity line items. The period of performance
          included a 45-day phase-in period, 1-year base period, and four 1-year option

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