Optex Systems Holdings Inc. (OPXS)

[fireopal]

don't know if you saw/read document linked to excerpt concerning the 2 proposals posted way back but aspects of FAR were covered a bit at the bottom.

[2] The FAR contemplates the use of various price analysis techniques in connection with the typical evaluation of fixed-price proposals. FAR § 15.404-1(b). The FAR also provides authority to use cost realism analyses techniques in connection with the evaluation of fixed price proposals in “exceptional” cases. FAR § 15.404-1 (d)(3) (“Cost realism analyses may also be used on competitive fixed-price incentive contracts or, in exceptional cases, on other competitive fixed-price-type contracts . . . .”). However, in the absence of a solicitation provision expressly advising offerors that the agency intends to use such analyses, there is no basis for our Office to require the agency to perform the cost realism type evaluation that the protester argues was required here.

[3] In its comments responding to the agency’s report, Optex alleged that the agency never considered the breakdown of the total labor hours between assembly time and time devoted to other tasks, and therefore asserts that the fact that both offerors proposed similar total labor hours to perform the requirement obscures differences in the time each offeror devoted to assembly. Optex offers no support for this assertion other than its self-serving statements. In any event, the nature and extent of an agency’s price realism evaluation is a matter within the sound discretion of the agency. Citywide Managing Servs. of Port Washington, Inc., supra.; see also Networking & Eng’g. Tech’s., Inc., B-405062.4, et al., Sept. 4, 2013, 2013 CPD ¶ 219 at 5. Simply stated, the fact that the agency did not consider the breakdown of labor hours by task does not provide a basis for our Office to object to its price evaluation here. http://www.gao.gov/products/D06339#mt=e-report