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B-190060 1 (1978-02-10)

handle is hein.gao/gaobadfrk0001 and id is 1 raw text is: I A. tuckerms : * 40\ THE COMPTROLLER SENERAL DECISION . Azu . GPF THE UNITED STATES WAUHINGTON, Ct, C. 2054U ITSfj ' FIL.a: R-19CJ60 .- .9 .4 K. DATE: Fcbruary 1 1973 MATTES OF: Palmetto Enterprises DIGEST: 1. Use of award amount [fee] pzovisions in advertised procurement for mess attendant services is proper where agency obtains necessary Armed Services Procurement Regulation deviation for this purpose. 2. Protest based on allegations of statutory and regulatory violations, without meaningful explanation as to why or how the violations exist,is without merit. 3. The fact that IFS pricing structure places risk on the bidder does not render IFB im- proper, since bidders are expected to take risk into account in forrulating their bids. 4. Contract for mess attendant services is not a personal services contract since there is no direct Federal supervision of cntractor personnel. 5. Where experimental contract struACture may result in award that does not represent low- est total cost to the Government, It is recommended that agency fully consider this aspect of experiment when evaluating resuiYts achieved. Palmetto Enterprises (Palmetto) protests the award of a contract for mess, attendant services for the San Diego Naval Station undhr invitation for bids (IFS) N00122-77-13-1526 issued by the Naval Regional Procurement Officc. Long Beach, California. Protester has alleged a long list of statutory and requlatory (Armed Services Procurement Regulation (ASPR!) viola- tions in connection with the solicitation, with the thrust of the protest being the asserted undue risk placed on bidders because of the pricing and evaluation -1I- '9 0 I 4 313\.