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
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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.

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