B-218362.2, JUL 2, 1985, 85-2 CPD 15

B-218362.2: Jul 2, 1985

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A-76 COST COMPARISON IS DISMISSED AS ACADEMIC WHERE THE CONTRACTING AGENCY DETERMINED TO CONTRACT OUT AND AWARDED A CONTRACT PURSUANT TO ITS COST COMPARISON. UTAH. /1/ THE PROTEST IS DISMISSED. AEROSPACE INDICATES THAT THE AGENCY'S COST ASSUMPTIONS ARE INCONSISTENT WITH ESTABLISHED GUIDELINES FOR THE MAKING OF COST COMPARISONS. THE AGENCY ADVISES THAT THE PROTEST IS ACADEMIC SINCE A CONTRACT AWARD UNDER THE SOLICITATION WAS MADE TO JOHN SHORT & ASSOCIATES (SHORT) ON MAY 13. THE PROTESTER HAS NOT DISPUTED THE FACT THAT AWARD WAS MADE UNDER THE SOLICITATION NOR HAS THE PROTESTER OBJECTED TO THE AWARD TO SHORT. WE FIND THAT THE PROTESTER'S ALLEGATION THAT THE COSTS OF USING GOVERNMENT PERSONNEL WERE UNDERESTIMATED IN THE AGENCY'S COST COMPARISON IS ACADEMIC AND IS PROPERLY FOR DISMISSAL.

B-218362.2, JUL 2, 1985, 85-2 CPD 15

CONTRACTS - PROTESTS - MOOT, ACADEMIC, ETC. QUESTIONS DIGEST: PROTEST THAT CONTRACTING AGENCY UNDERESTIMATED COST TO PERFORM WORK USING GOVERNMENT PERSONNEL IN OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-76 COST COMPARISON IS DISMISSED AS ACADEMIC WHERE THE CONTRACTING AGENCY DETERMINED TO CONTRACT OUT AND AWARDED A CONTRACT PURSUANT TO ITS COST COMPARISON.

AEROSPACE AND ENVIRONMENTAL MEDICINE GROUP INC.:

AEROSPACE AND ENVIRONMENTAL MEDICINE GROUP INC. (AEROSPACE) HAS PROTESTED THE COST COMPARISON MADE BY HILL AIR FORCE BASE, UTAH, UNDER OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-76 IN CONNECTION WITH SOLICITATION NO. F42650-84-B-3407 ISSUED BY THE OGDEN AIR LOGISTICS CENTER, HILL AIR FORCE BASE, UTAH. /1/

THE PROTEST IS DISMISSED.

AEROSPACE HAS PROTESTED SOME OF THE COST FACTORS USED BY THE AIR FORCE IN ITS DETERMINATION AS TO WHETHER THE SERVICES COVERED BY THE SOLICITATION SHOULD BE PERFORMED BY GOVERNMENT PERSONNEL OR SHOULD BE CONTRACTED OUT. AEROSPACE OBJECTS TO THE GOVERNMENT'S ESTIMATE OF INSURANCE COSTS AND MANPOWER NEEDS FOR THE PERFORMANCE OF THE WORK IN HOUSE. AEROSPACE INDICATES THAT THE AGENCY'S COST ASSUMPTIONS ARE INCONSISTENT WITH ESTABLISHED GUIDELINES FOR THE MAKING OF COST COMPARISONS.

THE AGENCY ADVISES THAT THE PROTEST IS ACADEMIC SINCE A CONTRACT AWARD UNDER THE SOLICITATION WAS MADE TO JOHN SHORT & ASSOCIATES (SHORT) ON MAY 13, 1985. IN ITS RESPONSE TO THE AGENCY'S REPORT, THE PROTESTER HAS NOT DISPUTED THE FACT THAT AWARD WAS MADE UNDER THE SOLICITATION NOR HAS THE PROTESTER OBJECTED TO THE AWARD TO SHORT. SINCE THE AGENCY DETERMINED THAT THE COST COMPARISON FAVORED CONTRACTING OUT FOR THE SERVICES IN QUESTION AND HAS MADE AWARD, WE FIND THAT THE PROTESTER'S ALLEGATION THAT THE COSTS OF USING GOVERNMENT PERSONNEL WERE UNDERESTIMATED IN THE AGENCY'S COST COMPARISON IS ACADEMIC AND IS PROPERLY FOR DISMISSAL. SEE SERV-AIR, INC., AVCO, 60 COMP.GEN. 44 AT 49 (1980), 80-2 CPD PARA. 317; COMPARE LEAR SIEGLER, INC.-- RECONSIDERATION, B-217231.2, MAY 30, 1985, 85-1 CPD PARA. 613, WHEREIN WE REVIEWED THE CONTRACTING AGENCY'S EVALUATION PROCEDURES IN VIEW OF THE PROTESTER'S CHARGE THAT IT SHOULD HAVE BEEN SELECTED FOR AWARD INSTEAD OF THE AWARDEE. TE THAT THE PROTESTER INDICATES THAT ITS PROTEST IS IN PART INTENDED TO ELICIT INFORMATION ON COST COMPARISONS WHICH WILL BE HELPFUL TO IT IN FUTURE AGENCY PROCUREMENTS WHICH ARE EXPECTED TO INVOLVE A-76 COST COMPARISON. HOWEVER, AN ACADEMIC PROTEST WILL NOT BE CONSIDERED ON THE BASIS THAT IT RELATES TO ANTICIPATED FUTURE PROCUREMENTS. SEE SYNERGETICS INTERNATIONAL, INC., B-212553, OCT. 3, 1983, 83-2 CPD PARA. 405.

THE PROTEST IS DISMISSED.

/1/ AN EARLIER PROTEST OF THIS MATTER WAS DISMISSED BY OUR OFFICE WITHOUT PREJUDICE ON THE BASIS THAT AEROSPACE WAS REQUIRED TO PURSUE THE CONTRACTING AGENCY'S ADMINISTRATIVE PROCEDURES FOR REVIEW OF THE A 76 COST COMPARISON.