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B-298568 1 (2006-10-26)

handle is hein.gao/gaobaczqi0001 and id is 1 raw text is: 


  I

         G    A     0Comptroller General
X,    MAccountability * Integrity * Reliability                     of the United States
United States Government Accountability Office
Washington, DC 20548




         Decision

         Matter  of:  Brian X. Scott

         File:        B-298568

         Date:        October 26, 2006

         Brian X. Scott for the protester.
         Daniel J. Donohue, Esq., Akerman Senterfitt Wickwire Gavin, P.C., for CACI
         Dynamic  Systems, Inc., an intervenor.
         Capt. Christopher L. Krafchek, Department of the Army, for the agency.
         Paul N. Wengert, Esq., and Glenn G. Wolcott, Esq., Office of the General Counsel,
         GAO,  participated in the preparation of the decision.
         DIGEST

         Protest is denied where the protester's proposal was properly eliminated from
         competitive range because, among other reasons, the proposal requested addition of
         an advance payment term to the contract, and acknowledged that without the
         advance payment the protester could not perform, and the protester's objections to
         contracting officer's affirmative responsibility determination did not show a failure
         to consider available relevant information.
         DECISION

         Brian X. Scott protests the elimination of his proposal from the competitive range by
         the Department of the Army under request for proposals (RFP) No.
         W91GXQ-06-R-0002  for the full range of pre-award contracting functions (with the
         exception of contract award) ... in support of U.S. Government and multi-national
         agencies in Iraq. Legal Memorandum at 1-2. The protester argues that his proposal
         was misevaluated and improperly eliminated from the competitive range, leaving a
         single remaining offeror, CACI Dynamic Systems, Inc. (CACI), and that the
         contracting officer improperly made an affirmative determination of responsibility
         with respect to CACI.

         We  deny the protest.

         The Army's Joint Contracting Command--Iraq/Afghanistan issued the RFP on June 2,
         2006 as a commercial item solicitation, seeking proposals to provide various
         personnel, including 24 contracting specialists, a systems administrator, and a
         property specialist. The RFP provided for proposal evaluation and risk assessment

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