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B-272884 1 (1996-11-01)

handle is hein.gao/gaocrptaejz0001 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: EDAW, Inc.

File:        B-272884

Date:        November 1, 1996

G. Brian Busey, Esq., and Kenneth W. Irvin, Esq., Morrison & Foerster, LLP, for the
protester.
Justin P. Patterson, Esq., Sherry Kinland Kaswell, Esq., and James L Weiner, Esq.,
Department of the Interior, for the agency.
Paula A. Williams, Esq., and Michael R. Golden, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

1. Where offeror for cost-type contract proposed certain contingency labor hours,
contracting agency, in performing its cost realism analysis, may reasonably delete
these proposed labor hours and costs where the record establishes that they were
not required for successful performance of the contract services.

2. Where the two highest-rated technical proposals were reasonably determined to
be essentially equal technically, award properly was made to the offeror with the
lower evaluated costs, notwithstanding the solicitation's emphasis on technical
merit over cost
DECISION

EDAW, Inc. protests the award of a contract to Dames & Moore (D&M) under
request for proposal (RFP) No. 1425-6-SP-10-13840, issued by the Department of the
Interior, Bureau of Reclamation (Reclamation), for the preparation of resource
management plans (RMPs) in the Columbia Basin Area of Washington State. EDAW
challenges the agency's evaluation of cost proposals, and the determination that
D&M's proposal offered the lowest cost and best value to the government.

We deny the protest.

The RFP, as amended, contemplated the award of an indefinite delivery, indefinite
quantity, labor hour contract for a base year with four 1-year options. The awardee
will prepare RMPs for the development and management of the land and water
resources at Potholes and Banks Lake Reservoirs. The RMP services include


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