[Protest of DSS Contract Award for ADP Support Services]

B-241569: Feb 19, 1991

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A firm protested a Defense Supply Service (DSS) contract award for automatic data processing support services, contending that DSS unreasonably evaluated its cost proposal, since the applicable law did not prohibit uncompensated overtime. GAO held that: (1) the protester clearly provided for uncompensated overtime to satisfy the requirements; and (2) DSS unreasonably removed labor-escalation costs from the awardee's proposal rather than adding those labor costs to the protester's proposal. Accordingly, the protest was sustained, and GAO recommended that DSS: (1) make award to the protester, if otherwise appropriate; and (2) reimburse the protester for its protest costs.