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B-402434,B-402434.2 1 (2010-04-23)

handle is hein.gao/gaobadbhd0001 and id is 1 raw text is: 


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A     ,   G     A   O                                                    Comptroller General
,,  ,,,,,,,,Accountabiity * 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.
           D  e c is io  n                            ...........................................................


           Matter of:   Najlaa International Catering Services

           File:        B-402434; B-402434.2

           Date:       April 23, 2010

           Richard P. Rector, Esq., and C. Bradford Jorgensen, Esq., DLA Piper US LLP, for the
           protester.
           Leslie A. Nepper, Esq. and Debra J. Talley, Esq., Department of the Army, U.S. Army
           Materiel Command,  for the agency.
           Susan K. McAuliffe, Esq., and Christine S. Melody, Esq., Office of the General
           Counsel, GAO, participated in the preparation of the decision.
           DIGEST

           Protest of agency's evaluation of proposals and award determination is denied where
           record shows they were reasonable and consistent with the terms of the solicitation.
           DECISION

           Najlaa International Catering Services, of Al Sharq, Kuwait, protests the award of a
           contract to Tamimi Global Co. Ltd., of Al Rai, Kuwait, under request for proposals
           (RFP) No. W52PlJ-09-R-0016, issued by the Department of the Army for dining
           facilities (DFAC) leasing and food services for soldiers and civilian personnel in
           Kuwait. Najlaa primarily challenges the agency's evaluation of proposed staffing
           levels and associated pricing, and contends the agency failed to conduct meaningful
           discussions with the firm regarding perceived excesses in its proposed staffing plan.

           We deny the protest.

           The RFP, issued on January 28, 2009, contemplated the award of a fixed-price
           indefinite-delivery/indefinite-quantity contract for a base year and 4 option years for
           the mobilization (including acquisition and integration of personnel), lease
           (including equipment and newly constructed dining facilities), operation (including
           storage, preparation, and serving of food), and demobilization (including facility
           removal or halted operations (warm status)) of DFACs. RFP at 34-39. Offerors
           were advised that the agency could order up to seven DFACs (of varying sizes,
           defined in the RFP by seating and serving capacity) on an annual basis, as well as
           monthly surge DFACs, if needed. The RFP advised offerors that due to the changing

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