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![handle is hein.gao/gaobadfrk0001 and id is 1 raw text is:
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A. tuckerms
: * 40\ THE COMPTROLLER SENERAL
DECISION . Azu . GPF THE UNITED STATES
WAUHINGTON, Ct, C. 2054U
ITSfj '
FIL.a: R-19CJ60
.-
.9 .4
K.
DATE: Fcbruary 1 1973
MATTES OF: Palmetto Enterprises
DIGEST:
1. Use of award amount [fee] pzovisions in
advertised procurement for mess attendant
services is proper where agency obtains
necessary Armed Services Procurement
Regulation deviation for this purpose.
2. Protest based on allegations of statutory
and regulatory violations, without meaningful
explanation as to why or how the violations
exist,is without merit.
3. The fact that IFS pricing structure places
risk on the bidder does not render IFB im-
proper, since bidders are expected to take
risk into account in forrulating their bids.
4. Contract for mess attendant services is not
a personal services contract since there is
no direct Federal supervision of cntractor
personnel.
5. Where experimental contract struACture may
result in award that does not represent low-
est total cost to the Government, It is
recommended that agency fully consider this
aspect of experiment when evaluating
resuiYts achieved.
Palmetto Enterprises (Palmetto) protests the
award of a contract for mess, attendant services for
the San Diego Naval Station undhr invitation for bids
(IFS) N00122-77-13-1526 issued by the Naval Regional
Procurement Officc. Long Beach, California. Protester
has alleged a long list of statutory and requlatory
(Armed Services Procurement Regulation (ASPR!) viola-
tions in connection with the solicitation, with the
thrust of the protest being the asserted undue risk
placed on bidders because of the pricing and evaluation
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