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B-286012 1 (2000-11-01)

handle is hein.gao/gaocrptalez0001 and id is 1 raw text is: 




t)Comptroller General
                                                                       of the United States
United States General Accounting Office               DOCUMENT FOR PUBLIC RELEASE
Washington, DC 20548                                 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: Northrop Grumman Technical Services, Inc.

          File:       B-286012; B-286012.2

          Date:       November 1, 2000


          Thomas C. Wheeler, Esq., Richard P. Rector, Esq., and Sheila C. Stark, Esq., Piper
          Marbury Rudnick & Wolfe, for the protester.
          Carl J. Peckinpaugh, Esq., and Cheralyn S. Cameron, Esq., DynCorp Technical
          Services, Inc., an intervenor.
          Gregory H. Petkoff, Esq., Sharon A. Jenks, Esq., John D. Inazu, Esq., and Monica
          Ceruti, Esq., Department of the Air Force, for the agency.
          Ralph 0. White, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          1. Protester's assertion that an agency failed to distinguish between offerors by
          assigning identical color and risk ratings under the mission capability and risk
          evaluation factors is denied where the record shows that the ratings assigned were
          reasonable, and where the selection official was apprised of the distinctions between
          the proposals and made his selection accordingly.

          2. Contention by incumbent contractor that the awardee should have been assessed
          a risk of workforce disruption because it does not have a collective bargaining
          agreement with the incumbent workforce is denied where: (1) the agency
          reasonably concluded that this approach would provide an unfair advantage to the
          incumbent; (2) the awardee met its legal obligations under the Service Contract Act
          to match the wage and fringe benefits paid to incumbent employees under the
          agreement; and (3) the agency reasonably concluded, based on its review of the
          awardee's proposed approach, that the approach did not present a risk of disruption.
          DECISION

          Northrop Grumman Technical Services, Inc. (NG) protests the award of a contract to
          DynCorp Technical Services, Inc. by the Department of the Air Force pursuant to
          request for proposals (RFP) No. F41689-99-R-0028, issued to procure aircraft
          maintenance and base operating support services at Vance Air Force Base (AFB),
          Oklahoma. NG argues that the Air Force unreasonably selected DynCorp for award

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