bid will result in the most advantageous contract for the Government. Elements of cost or savings to the Government which are not included in the bid prices, such as cost of transportation of the contract and items, or costs in connection with use of Government-owned equipment, may properly be considered in evaluating bid prices to determine which bid will result in the most advantageous contract. However, it is our opinion that any amounts which are properly for application in such evaluation must be fairly representative on an actual or estimated basis, of true costs or savings to the Government. While the policy of complete equalization of competitive advantage, to which the above-referenced provisions of the ASPR are directed, is a desirable objective in procurements involving the use of Government-owned equipment, to the extent that such policy may conflict with 10 U.S.C. 2305 (c), the statute must prevail. In the instant procurement, it is apparent that additional costs for transporting, modifying, installing, etc., the industrial facilities and special tooling located in Continental's plant would necessarily result if an award were made to any other bidder who proposed to use such facilities and tooling, while no such costs would result from an award to Continental. It necessarily follows that in evaluating bids for the purpose of determining the most advantageous bid under 10 U.S.C. 2305 (c), these circumstances were required to be considered and recognized in any bid evaluation procedure. The method of evaluation adopted in the instant case (i.e., excluding any additional costs of transporting, modifying, installing, etc., from the evaluation by requiring each bidder to either absorb them or include them in his bid price) was one method of arriving at evaluated bid prices which would reflect true cost to the Government. Conversely, it is obvious that if the invitation had advised bidders that the Government would assume such additional costs, a proper evaluation of Continental's bid would have required the deduction of an amount representing such costs, in evaluating Continental's bid. Under either evaluation method, it is apparent that while the low evaluated bid price would represent the most advantageous bid to the Government, a competitive advantage would result to Continental from its possession of Government equipment.

In view of the foregoing, and since we are unaware of any evaluation method which would have equalized Continental's competitive advantage in the instant procurement and, at the same time, resulted in evaluated bid prices reflecting true cost to the Government, we are unable to conclude that the method of bid evaluation prescribed by the invitation was improper, or that the award to Continental based upon such bids so solicited and evaluated was improper.

Your protest against such solicitation must therefore be denied.

[B-131836]

Family Allowances-Separation-Type 1-Entitlement

Since the family separation allowance which is authorized under 37 U.S.C. 427 (a) to compensate members of the uniformed services for the cost of procuring commercial housing at their permanent station overseas or in Alaska during enforced separation from their dependents is in the nature of a quarters allowance, similar conditions of entitlement are applicable and, therefore, when a member who is receiving a family separation allowance under 37 U.S.C. 427 (a) is on temporary duty away from his permanent duty station, including periods of temporary duty in the United States, he may continue to receive the family separation allowance provided that in cases of temporary duty in excess of 60 days, payment may be made only upon a showing that the member continues to maintain quarters at the permanent station. [Question la]

Family Allowances Separation-Type 1-Hospitalization, Etc., Effect

Members of the uniformed services who are receiving the family separation allowance authorized under 37 U.S.C. 427 (a) when they are hospitalized at or away from their permanent station, including periods of hospitalization in the United States, may continue to receive the family separation allowance payments provided that in cases of hospitalization for periods in excess of 60 days there is a showing that the member continues to maintain the commercial quarters at the permanent duty station. [Question 1b]

Family Allowances Separation-Type 1-Leave

Members of the uniformed services who are receiving the family separation allowance authorized under 37 U.S.C. 427 (a) when they are authorized leave within or outside of the United States, not in excess of the leave for which they are entitled to pay and allowances under 37 U.S.C. 502(a), may continue to receive the family separation allowance payments during the leave period provided that, in cases of leave in excess of 60 days, there is a showing that the member continues to maintain quarters at the permanent duty station. [Question 1c]

Family Allowances-Separation-Type 1-Confinement, Etc., Effect

Members of the uniformed services who are receiving a family separation allowance payment under 37 U.S.C. 427 (a) when they are placed in military confinement or otherwise restricted by competent military authority from performing duty may continue to receive the family separation allowance payment during the confinement period provided that, in cases of confinement in excess of 60 days, there is a showing that the member continues to maintain the quarters at the permanent duty station. [Question 1d]

Family Allowances Separation-Type 1-Commencement

Since a member of the uniformed services is regarded as in an enforced separation status from his dependents when he departs his permanent duty station for transfer to a restricted station overseas or in Alaska, and since the additional household expenses for which the family allowance authorized under 37 U.S.C. 427 (b) is payable exists from the date of departure, entitlement to family separation allowance under 37 U.S.C. 427(b) commences on the date of the member's departure (detachment) from the old station or the first day of authorized travel time, whichever is later. [Question 2]

Family Allowances-Separation-Type 2-Commencement and Termination

A member of the uniformed services who is receiving a family separation allowance under 37 U.S.C. 427 (b), clause (1), when he is transferred to a new

permanent duty station-where transportation of his dependents is not authorized and where his dependents are not residing-may be paid the family separation allowance for the period following the date of his departure (detachment) from the old permanent duty station through the date preceding the date of reporting to the new permanent duty station. [Question 3]

Family Allowances—Separation-Type 2-Travel Time

The time for entitlement to the family separation allowance which is authorized under 37 U.S.C. 427(b), clause (3), for members of the uniformed services while on temporary duty for more than 30 days is not limited to the period at the temporary duty station but includes authorized travel time to and from the temporary duty station. [Question 4]

Family Allowances

Separation-Type 2-Proceed Time

Members of the uniformed services who are on proceed time incident to travel between permanent duty stations are free to travel where they please, with or without dependents, or to remain at their residences so that during such proceed time the element of enforced separation for entitlement to family separation allowance under 37 U.S.C. 427 (b), clauses (1) and (3), is not present; therefore, periods of proceed time should be excluded in the computation of family separation allowance payments under 37 U.S.C. 427 (b). [Question 5]

Family Allowances Separation-Type 2-Between Permanent Stations

A member of the uniformed services who performs temporary duty for a continuous period of more than 30 days between permanent duty stations and does not have his dependents living at or near the temporary duty station is entitled to the monthly family separation allowance authorized under 37 U.S.C. 427(b) provided that, during the period of temporary duty, the member does not take any leave. [Question 6]

Family Allowances-Separation-Type 2-Ship Duty

A member of the uniformed services who, while on duty aboard a ship away from the home port for which a family separation allowance is authorized under 37 U.S.C. 427(b), clause (2), is assigned to temporary duty, or is hospitalized ashore, or is on authorized leave is regarded as in an enforced separation status from his family even though he is not physically performing duties on board the ship and, therefore, entitlement to the family separation allowance under 37 U.S.C. 427 (b), clause (2), would continue during periods of temporary duty, shore patrol duty, or hospitalization ashore while the ship remains away from its home port and while on authorized leave not in excess of that for which he is entitled to pay and allowances. [Question 7]

Family Allowances

Effect

Separation-Type 2-Ship Duty-Ashore

A member of the uniformed services who is receiving a family separation allowance under 37 U.S.C. 427(b), clause (2), for members aboard ship away from home port, while on temporary duty, undergoing hospitalization ashore, or in an authorized leave status when his ship returns to its home port has his entitlement to the family separation allowance terminated. [Question 8]

Family Allowances-Separation-Type 2-Ship Duty-Return of Ship to Home Port

A member of the uniformed services who is receiving a family separation allowance under 37 U.S.C. 427 (b), clause (2), for duty aboard a ship away from home port, while on temporary duty, undergoing hospitalization, or in an authorized leave status may continue to receive the family separation allowance until the ship reaches its home port. [Question 9]

Family Allowances-Separation-Type 2-Ship Duty-Hospitalization, Etc., Effect

A member of the uniformed services who is receiving a family separation allowance under 37 U.S.C. 427 (b), clause (2), for duty aboard a ship away from home port, while undergoing hospitalization aboard ship may continue to receive the family separation allowance, even though temporarily he is not performing duties, and such entitlement continues until the vessel reaches the home port. [Question 10]

Family Allowances Separation-Type 2-Ship Duty-Confinement, Etc., Effect

A member of the uniformed services who is receiving a family separation allowance under 37 U.S.C. 427 (b), clause (2), for duty aboard a ship away from home port, when he is placed in military confinement or otherwise restricted from performing duty may continue to receive the family separation allowance while the ship is away from its home port provided that the member is not detached from the ship and his pay and allowances are not limited or forfeited by courtmartial sentence or by law, but when the member is detached from the ship the family separation allowance terminates. [Question 11]

Family Allowances Separation-Type 2-Ship Duty-Commencement and Termination

A member of the uniformed services who is receiving a family separation allowance under 37 U.S.C. 427(b), clause (2), for duty of more than 30 days aboard a ship away from home port when his duty status for entitlement to the family separation allowance is legally terminated would be required to be on duty on board ship for another continuous period of more than 30 days to again become eligible for the allowance. [Question 12]

Family Allowances-Separation-Type 2-Temporary Duty— Hospitalization, Etc., Effect

A member of the uniformed services who is entitled to the family separation allowance authorized under 37 U.S.C. 427 (b), clause (3), for temporary duty away from his permanent station for more than 30 days when he is hospitalized, or is on authorized leave not in excess of the leave for which he is entitled to pay and allowances may continue to receive the family separation allowance provided he is not detached from the temporary duty station. [Question 13] Family Allowances Separation-Dependent Transportation Determination-Temporary Restriction

A member of uniformed services whose dependents are temporarily prohibited from moving into a restricted area so that he is entitled to transportation for his dependents under paragraph 7005 of the Joint Travel Regulations may, nevertheless, have the movement of his dependents to his permanent station or a place near that station regarded as not authorized at Government expense under 37 U.S.C. 406 within the meaning of 37 U.S.C. 427 (a) and 37 U.S.C. 427(b), clause (1), to qualify for a family separation allowance. [Question 14] Family Allowances-Separation-Dependent Transportation Determination—Authorization for Some Dependents

A member of the uniformed services who is only authorized transportation at Government expense for one of his dependents but is not authorized transportation for his remaining dependents is regarded as having the movement of his dependents restricted at the volition of the Government and, therefore, the member is entitled to payment of the family separation allowance under 37 U.S.C. 427 (b), clause (1), and 37 U.S.C. 427(a), so long as the movement of the member's remaining dependents to his permanent duty station or place near that station is not authorized. [Question 15]

Family Allowances Separation-Dependent Transportation Determination-Incapacity, Etc., Precluding Transportation

A member of the uniformed services whose wife because of pregnancy is not authorized transportation prior to the time he reports to his new permanent duty station may be regarded as being precluded from having the movement of his dependents to his permanent station or place near that station authorized at Government expense within the meaning of 37 U.S.C. 427(a) and 37 U.S.C. 427 (b), clause (1), and, therefore, the condition for entitlement to the family separation allowance is satisfied. [Question 16]

Family Allowances Separation-Dependent Transportation Determination-Debarment Effect

A member of the uniformed services whose dependent is not eligible under the immigration laws for entry into the United States prior to the time he reports to his new permament duty station may only have the movement of his dependent regarded as unauthorized for family separation allowance entitlement if a departmental regulation precludes authorized transportation of the dependent at Government expense in such circumstance, but in the absence of such a military restriction, the member would not be eligible for a family allowance payment. [Question 17]

Family Allowances Separation-Dependent Transportation Determination-Evacuation

A member of the uniformed services whose dependents are evacuated from the overseas station under paragraph 7101 of the Joint Travel Regulations relating to unusual or emergency circumstances may be regarded as having his post of duty converted to a restricted station for entitlement to the family separation allowances authorized under 37 U.S.C. 427(a) and 37 U.S.C. 427 (b) from the date the dependents depart from the overseas station. [Question 18a]

Family Allowances

Separation-Dependent Transportation Determination-Debarment Effect

A member of the uniformed services whose dependents are returned from overseas under paragraph 7102 of the Joint Travel Regulations relating to the involvement of dependent in an incident embarrassing to the United States, prejudicial to the command, or affecting the dependent's safety may not be regarded as having his overseas station converted to a restricted station by such circumstances for entitlement to family separation allowance payments and, therefore, before payment of family separation allowance is made there should be a certification by the officer directing the return of the dependents that the conditions necessitating their return were not caused by their own misconduct. [Question 18b]

Family Allowances—Separation-Dependent Transportation Determination-Personal, Etc., Reason Return

A member of the uniformed services whose dependents are returned from overseas under paragraph 7103 of the Joint Travel Regulations involving personal situations may not have such circumstances regarded as due to military requirements to convert the member's overseas station into a restricted station to entitle him to family separation allowances. [Question 18c]

Family Allowances

Separation-Dependent Transportation Determination-Personal, Etc., Reason Return

A member of the uniformed services whose dependents are returned from overseas under paragraph 7105 of the Joint Travel Regulations relating to national interest determination prior to the termination of the member's overseas duty may be regarded as having his station changed to a restricted station for entitlement to family separation allowance payments if a secretarial or higher determination is made that the return of the dependents is for reasons of national interest. [Question 18d]