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B-258139.5 1 (1996-02-26)

handle is hein.gao/gaocrptadpi0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision                                  DECISION FOR PUBLIC RELEASE
                                        A protected decision was issued on the date below
                                        and was subject to a GAO Protective Order. This
                                        version has been redacted or approved by the parties
                                        involved for public release.


Matter of: Energy and Environmental Services Corporation--Reconsideration

File:        B-258139.5

Date:        February 26, 1996

Jay W. Maynard, Esq., for the protester.
John Van Schaik, Esq., and Michael R. Golden, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

Request for reconsideration based on original decision's failure to address
protester's argument that contracting agency failed to perform cost realism analysis
of awardee's proposal, as required by Defense Federal Acquisition Regulation
Supplement (DFARS) § 215.801, is denied; while original decision did not set forth
and directly address the requirements of DFARS § 215.801, the decision did address
and deny protester's numerous allegations that, in contravention of DFARS
§ 215.801, the agency failed to determine if awardee's proposed costs for
environmental services were (1) realistic for the work to be performed,
(2) demonstrated that awardee understood the requirements of the solicitation, and
(3) were consistent with its technical approach.
DECISION

Energy and Environmental Services Corporation (EES) requests reconsideration of
our decision Energy and Envtl. Servs. Cor., B-258139.4, May 15, 1995, 95-2 CPD
  32, in which we denied EES' protest against the award of a contract to ASCR
Contracting Company, Inc. (ACCI) under request for proposals (RFP) No. DAADO1-
93-R-0046, issued by the Department of the Army for the acquisition of caretaker
and environmental services for the U.S. Army Jefferson Proving Ground.

We deny the request.

The RFP contemplated the award of a cost-plus-fixed-fee contract and advised
offerors that the contract would be awarded on the basis of the best value to the
government and that the government would be willing to pay more for a superior
technical/management proposal. The solicitation also informed offerors that the
government intended to award the contract without holding discussions.


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