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B-400614.3 1 (2009-02-10)

handle is hein.gao/gaobadath0001 and id is 1 raw text is: G A 0 Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability 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: Kellogg Brown & Root Services, Inc. File: B-400614.3 Date: February 10, 2009 Thomas C. Papson, Esq., David Kasanow, Esq., Jason A. Carey, Esq., and Matthew T. Crosby, Esq., McKenna Long & Aldridge LLP, for the protester. David P. Metzger, Esq., and Kara L. Daniels, Esq., Arnold & Porter, LLP, for DynCorp International, the intervenor. Bridget A. Stengel, Esq., and Vera Meza, Esq., Department of the Army, for the agency. John L. Formica, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency reasonably determined that the protester's proposal, submitted in response to a competitive solicitation for a task order for combat support services issued under an indefinite-delivery/indefinite-quantity contract, was unacceptable, and reasonably excluded the proposal from the task order competition, where the proposal included an assumption regarding the agency's provision of force protection to contractor employees that, considered most favorably to the protester, rendered the proposal ambiguous with regard to its acceptance of the solicitation's material provisions regarding force protection. DECISION Kellogg Brown & Root Services, Inc. (KBR) protests the rejection of its proposal as unacceptable under request for proposals (RFP) No. W52PlJ-08-R-0130, issued by the Department of the Army, for the award of a task order for the Kuwait Area of Responsibility (AOR) under the Logistics Civil Augmentation Program (LOGCAP) IV contracts. We deny the protest. The Army awarded three indefinite-delivery/indefinite-quantity contracts under the LOGCAP IV solicitation for LOGCAP Combat Support and Combat Support Services augmentation on a global basis to Fluor Intercontinental, Inc., DynCorp International, and KBR. The LOGCAP IV solicitation advised offerors that multiple

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