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B-291618.2,B-291618.3 1 (2003-02-24)

handle is hein.gao/gaobacyhe0001 and id is 1 raw text is: 


   I

          G    A     0Comptroller General
A-      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:  SRS Technologies

          File:        B-291618.2; B-291618.3

          Date:        February 24, 2003

          J. Patrick McMahon, Esq., William B. Barton IV, Esq., and William T. Welch, Esq.,
          Barton, Baker, McMahon & Tolle, for the protester.
          Alan Dickson, Esq., Paul C. Burkholder, Esq., and Howard A. Wolf-Rodda, Esq.,
          Epstein, Becker & Green, for Sparta, Inc., an intervenor.
          Raymond  M. Saunders, Esq., and Capt. Richard L. Hatfield, Department of the Army,
          for the agency.
          Henry J. Gorczycki, Esq., and James A. Spangenberg, Esq., Office of the General
          Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          Under a solicitation for a cost reimbursement contract for services that did not
          prohibit or limit the use of uncompensated overtime, the agency unreasonably raised
          the protester's evaluated costs in the cost realism analysis to remove the impact on
          the protester's proposed labor rates based on its use of uncompensated overtime
          from its labor costs.
          DECISION

          SRS  Technologies protests an award to Sparta, Inc. under request for proposals
          (RFP) No. HQ0006-02-R-0011, issued by the Missile Defense Agency (MDA), for
          support services for the Deputy for Force Structure Integration and Deployment.
          SRS protests the agency's cost and technical evaluation and the source selection
          decision.

          We  sustain the protest.

          The RFP, issued as a small business set-aside on July 31, 2002, contemplated the
          award of a cost-plus-fixed-fee, level-of-effort contract for 1 year with 4 option years.
          The resulting contract will consolidate support services previously covered by two
          separate contracts for which the incumbent contractors are SRS and Sparta.

          Award  was to be made on a best value basis with non-cost factors collectively
          being significantly more important than cost. The RFP stated the non-cost factors in

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