BAE Systems

B-287189,B-287189.2: May 14, 2001

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A firm protested the Army's decision to reverse its initial contract offer for logistics support and services and to perform the work in-house, contending that the Army's in-house offer did not satisfy the solicitation's minimum performance requirements or offer the same level of performance and quality as offered by it. GAO held that the (1) record did not establish that the in-house offer satisfied the minimum performance work statement (PWS) requirements regarding key personnel and personal property services, (2) record did not indicate that the Army considered whether the protester's offer to service walk-in customers to the personal property services offices within 15 minutes exceeded the PWS requirements and offered a level of performance that the in-house offer should have been required to meet, and (3) protester was prejudiced by these errors. Accordingly, the protest was sustained, and GAO recommended that the Army (1) review its needs and revise the PWS accordingly, (2) revise the PWS, prepare a new in-house offer, solicit a revised proposal from the protester, and conduct a new evaluation and cost comparison, and (3) reimburse the protester for its protest costs.

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