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B-214111.2 1 (1984-12-17)

handle is hein.gao/gaobadmbq0001 and id is 1 raw text is: .*sL9a 1* 3col 0 THE COMPTROLLER GENERAL OECISION . op THU UNiTE STATES 9'WASHINGTON, 0. C. 20548 FILE: B-214111.2 DATE: :ecember 17, 1934 MATTER OF: Dynamic Science, Tnc.--Reconsideration DIGEST: GAO will deny a request for reconsideration of a protest decision based upon a Memorandum Order of a United States District Court in a different case when the facts of the cases are distinguishable. Further, since the court's order is preliminary, it would not provide a basis for reconsideration. Dynamic Science, Tnc. requests reconsideration of our decision, Dynamic Science, Inc., B-214111, Oct. 12, 1984, 84-2 C.P.D. % 402. In that decision, we denied Dynamic Science's protest against the award of a cost-plus-fixed-fee contract to Rail Company under request for proposals No. N00019-83-R-0001, issued by the Naval Air Systems Command. We deny the reauest for reconsideration. Dynamic Science bases its request upon a Memorandum Order issued by the United States District Court for the District of Columbia in CACI, Inc. v. Tnited States (Civil Action No. 84-2971, October 16, 1984). Dynamic Science states that it became aware of the order after reading the November 5, 1984, issue of Federal Contracts Report, Vol. 42, No. 18. The firm contends that the order, in which the court initially found that there was no rational basis for a cost realism analysis by the Navy, applies directly to its protest. We disagree. First, althouqh both involved cost realism analyses, the facts in the two cases are distinguishable. In CACI, after conducting a cost realism analysis, the agency significantly increased the costs of one offeror (the plaintiff), as reflected in its best and final offer, and at the same time, decreased the costs of its competitor. It then made an award to the latter as the lowest evaluated offeror. The result was that the actual contract price, based on the best and final, was approxi- mately $920,000 more than what the aqency realistically expected performance to cost. 030gLa

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