B-215565, APR 26, 1985, 85-1 CPD 470

B-215565 April 26, 1985
Full Decision (HTML)  

Summary

PROCURING AGENCY'S USE ONLY OF PROTESTER'S HIGHEST COST MULTIPLIER IN COST EVALUATION IS INAPPROPRIATE SINCE: (1) OFFERORS WERE ENTITLED TO ASSUME THAT ALL OFFERED MULTIPLIERS PROPOSED WOULD BE EVALUATED IN SOME REASONABLE WAY AND (2) IT APPEARS UNLIKELY THAT PROTESTER WOULD ONLY USE THE STAFF REPRESENTED BY PROTESTER'S HIGHEST COST MULTIPLIER. COST EVALUATION METHOD WHICH DID NOT TAKE OFFEROR'S DIRECT COSTS INTO CONSIDERATION DURING PROPOSAL EVALUATION IS DEFECTIVE NOTWITHSTANDING THAT PROCURING AGENCY INSISTS THAT IT DOES NOT KNOW WHAT TASKS IT WILL REQUIRE UNDER CONTRACT OR. RESTRICTION OF CONTRACT AWARDS TO MINORITY FIRMS IS QUESTIONABLE WHEN NOT DONE UNDER PROCEDURES IMPLEMENTING SECTION 8(A) OF THE SMALL BUSINESS ACT.