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B-401702.3 1 (2010-02-22)

handle is hein.gao/gaobadbog0001 and id is 1 raw text is: G A 0 Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: Basic Commerce and Industries, Inc.--Costs File: B-401702.3 Date: February 22, 2010 Heather A. James, Esq., and J. Bradley Aaron, Esq., Whiteford, Taylor & Preston L.L.P., for the protester. Stephen H.S. Tryon, Esq., Department of the Navy, for the agency. Paul N. Wengert, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST GAO will recommend that agency reimburse protester for its costs of filing and pursuing a protest challenging the agency's cost realism analysis where the agency did not take corrective action in response to the protest until after submission of its agency report, and the protest was clearly meritorious. DECISION Basic Commerce and Industries, Inc. (BCI), of Moorestown, New Jersey, a small business,' requests that this Office recommend the reimbursement of BCI's costs of filing and pursuing a protest challenging the issuance of a task order to McKean Defense Group-Information Technology, LLC, of Philadelphia, Pennsylvania, by the Department of the Navy under task order solicitation No. N00024-08-R-3331 for computer network support services. The Navy held a competition for the task order among small businesses holding Seaport-e contracts. BCI argued in its protest that the Navy had misevaluated both BCI and McKean, and had failed to perform a reasonable cost realism analysis of McKean. The Navy subsequently took corrective action in response to the protest. 1 The Navy states that BCI is no longer a small business. Our description of a protester as a small business here is based simply on the protester's representation; the jurisdiction to determine the size status of a particular business rests with the Small Business Administration. See 4 C.F.R. § 21.5(b)(1) (2009).