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B-270448.3 1 (1996-05-01)

handle is hein.gao/gaocrptadyt0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision DOCUMENT 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: Dynamic Science, Inc. File: B-270448.3 Date: May 1, 1996 Peter T. Fagan, Esq., Bryan Cave, for the protester. Laura K. Kennedy, Esq., Grace Bateman, Esq., and Trisa J. Thompson, Esq., Seyfarth, Shaw, Fairweather & Geraldson, for Kay & Associates, Inc., an intervenor. Paul Fisher, Esq., and Russell P. Spindler, Esq., Department of the Navy, for the agency. David A. Ashen, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest against agency determination to disregard proposed discount that would render offer for indefinite delivery/indefinite quantity contract low is denied where proposal with discount was mathematically unbalanced and agency had a reasonable basis to doubt that award to protester would result in lowest overall cost to the government in light of the inherent unreliability of its estimates. DECISION Dynamic Science, Inc. (DSI) protests the Naval Air Systems Command's (NAVAIR) award of a contract to Kay & Associates, Inc., under request for proposals (RFP) No. N68936-95-R-0190, for aircraft maintenance support services at the Naval Air Warfare Center, China Lake, California. DSI argues that NAVAIR improperly disregarded DSI's proposed pricing discount that rendered its proposal low and did not conduct meaningful discussions with respect to the discount. We deny the protest. The solicitation contemplated the award of a time-and-materials, indefinite delivery/indefinite quantity contract for a 3-year base period, with 2 option years, to the low, technically acceptable offeror. The solicitation requested labor rates and included estimated annual manhours per category for 20 specified labor categories. It cautioned, however, that while the estimates represented the government's best estimate of the requirements and were to be used in preparing

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