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B-403214,B-403214.2 1 (2010-10-12)

handle is hein.gao/gaobadbnv0001 and id is 1 raw text is: JiL AL A , G A O Comptroller General Accuntabiity * Integrity * Reliability of the United States United States Governm ent Accountability Office ---------------------------------------------------------------------------------------------------------- - Washington, DC 20548 DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Matter of: PMO Partnership Joint Venture File: B-403214; B-403214.2 Date: October 12, 2010 William M. Weisberg, Esq., and Joyce L. Tong, Esq., Bryan Cave LLP, for the protester. Stephen F. Pereira, Esq., Michael L. Culotta, Esq., and Kerry L. Miller, Esq., Department of Transportation, for the agency. Nora K. Adkins, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency's decision to exclude the protester from a competition because the protester's cost proposal, which contained other than cost or pricing data as was contemplated by the solicitation, was determined to be inconsistent with the instructions in Federal Acquisition Regulation § 15.408, Table 15-2, was unreasonable where: (1) the instructions at issue are only applicable to cost proposals when cost or pricing data is required, (2) the instructions were neither referenced nor incorporated into the RFP, (3) there is no evidence in the record that offerors were ever given notice that their cost information had to be presented in this unique--and regulatorily-inapplicable--format, and (4) the record strongly suggests that none of the audits of the other offerors' cost proposals were evaluated against this standard. DECISION PMO Partnership Joint Venture (PMO-JV), of San Francisco, California, protests the Department of Transportation (DOT), Federal Transit Administration's (FTA) rejection of its proposal for failing to provide adequate cost or pricing data to support its cost proposal under request for proposals (RFP) No. DTFT60-08-R-00010 for program management oversight services. We sustain the protest.

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