B-309752; B-309752.2; B-309752.3; B-309752.4; B-309752.5; B-309752.6; B-309752.7, Contingency Management Group, LLC; IAP Worldwide Services, Inc., October 5, 2007
Case: B-309752
Agency:
Protester: B
Date: 2007-10-05
Sustained
B-309752; B-309752.2; B-309752.3; B-309752.4; B-309752.5; B-309752.6; B-309752.7, Contingency Management Group, LLC; IAP Worldwide Services, Inc., October 5, 2007
TITLE: B-309752; B-309752.2; B-309752.3; B-309752.4; B-309752.5; B-309752.6; B-309752.7, Contingency Management Group, LLC; IAP Worldwide Services, Inc., October 5, 2007
BNUMBER: B-309752; B-309752.2; B-309752.3; B-309752.4; B-309752.5; B-309752.6; B-309752.7
DATE: October 5, 2007
******************************************************************************************************************************************************************
B-309752; B-309752.2; B-309752.3; B-309752.4; B-309752.5; B-309752.6; B-309752.7, Contingency Management Group, LLC; IAP Worldwide Services, Inc., October 5, 2007
DOCUMENT FOR PUBLIC RELEASE
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: Contingency Management Group, LLC; IAP Worldwide Services, Inc.
File: B-309752; B-309752.2; B-309752.3; B-309752.4; B-309752.5;
B-309752.6; B-309752.7
Date: October 5, 2007
Lee P. Curtis, Esq., Suzette W. Derrevere, Esq., Allan Cannon, III, Esq.,
Troy E. Hughes, Esq., Alexander S. Joves, Esq., and Eric A. Aaserud, Esq.,
Perkins Coie LLP, for Contingency Management Group, LLC; and J. Alex Ward,
Esq., Edward Jackson, Esq., Jessica Tillipman, Esq., Joshua Rafsky, Esq.,
Bradley A. Areheart, Esq., Jammey L. Kligis, and Kathy C. Weinberg, Esq.,
Jenner & Block, for IAP Worldwide Services, Inc., the protesters.
Karen L. Manos, Esq., Michael K. Murphy, Esq., Christyne K. Brennan, Esq.,
Joshua P. Chadwick, Esq., and Dace A. Caldwell, Esq., Gibson, Dunn &
Crutcher, LLP, for Kellogg, Brown & Root Services, Inc.; Richard B.
O'Keefe, Jr., Esq., Jon W. Burd, Esq., Daniel P. Graham, Esq., Philip J.
Davis, Esq., and John R. Praire, Esq., Wiley Rein LLP, and Kevin P.
Connelly, Esq., Joseph John Dyer, Esq., Jon B. Crocker, Esq., Grace
Bateman, Esq., and Amanda B. Weiner, Esq., Seyfarth Shaw LLP, for Fluor
Intercontinental, Inc.; David P. Metzger, Esq., Kara L. Daniels, Esq.,
Caitlin K. Cloonan, Esq., Stuart W. Turner, Esq., Dominique Castro, Esq.,
and Jill R. Newell, Esq., Arnold & Porter, for DynCorp International, the
intervenors.
Bradley J. Olson, Esq., Maj. Duc Nguyen, Daniel Pantzer, Esq., and Vera
Meza, Esq., Department of the Army, for the agency.
John L. Formica, Esq., Sharon L. Larkin, Esq., and James A. Spangenberg,
Esq., Office of the General Counsel, GAO, participated in the preparation
of the decision.
DIGEST
1. Agency's favorable evaluation of an awardee's proposal, submitted in
response to a solicitation for logistics support on a global basis, was
unreasonable and evidenced unequal treatment, where the proposal stated
that it was predicated upon assumptions that expressly differed from the
assumptions set forth in the solicitation's scenario on which proposals
were to be based, and there is nothing in the contemporaneous evaluation
record indicating that the agency considered, or was even aware of, the
proposal's stated assumptions.
2. Agency's favorable evaluation of an awardee's proposal was unreasonable
and evidenced unequal treatment, where the agency misunderstood an aspect
of the proposed technical approach, and the agency had criticized and
assessed a weakness in evaluating another offeror's proposal because it
included a similar technical approach.
3. Agency's evaluation of an awardee's business systems under a management
evaluation factor as "outstanding" is of concern, where the agency's
evaluation does not adequately account for negative comments by the
Defense Contract Audit Agency that were provided to the procuring agency
as part of the proposal evaluation.
4. Agency's evaluation of proposals under the technical factor that
considered the percentages set forth in the offerors' proposals of host
country nationals, third country nationals, and U.S. citizens/expatriates
proposed to perform the work was unreasonable, where the record provides
unsupported, or inconsistent and alternative, explanations regarding what
percentages should be considered acceptable or as weaknesses or strengths.
DECISION
Contingency Management Group, LLC (CMG), and IAP Worldwide Services, Inc.,
protest the award of contracts to Kellogg, Brown & Root Services, Inc.
(KBRSI), Fluor Intercontinental, Inc., and DynCorp International under
request for proposals (RFP) No. W52P1J-06-R-0049, issued by the Army
Sustainment Command, Department of the Army, for logistics support on a
global basis.
Full decision text continues on ProtestIntel...