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,G A O Comptroller General
TION, Accountability * Integrity * Reliability of the United States
United States Government Accountability Office
Washington, DC 20548
D ..
Decision
Matter of: USIS Worldwide, Inc.
File: B-404671; B-404671.3
Date: April 6, 2011
Anne B. Perry, Esq., Jonathan S. Aronie, Esq., Townsend L. Bourne, Esq., and
Keith R. Szeliga, Esq., Sheppard Mullin Richter & Hampton LLP, for the protester.
Richard J. Vacura, Esq., Robert Salerno, Esq., Michael Anderson, Esq. and
K. Alyse Latour, Esq., Morrison & Foerster LLP, for DynCorp International, LLC, the
intervenor.
Wade L. Brown, Esq., and David Scott, Esq., Department of the Army, for the agency.
Glenn G. Wolcott, Esq., and Sharon L. Larkin, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST
1. Protester's assertion that awardee's proposal should have been evaluated as
technically unacceptable on the basis that awardee proposed to perform 78 percent
of the contract effort with host country nationals (HCNs) and third country nationals
(TCNs) provides no basis to sustain the protest where the solicitation stated that
there are no nationality restrictions on proposed personnel; the record shows that
the awardee proposed a significantly lower percentage of TCNs and HCNs than
protester alleged; and protester, itself, proposed to perform over [deleted] percent of
the contract effort with HCNs and TCNs.
2. Protester's assertions challenging the agency's past performance evaluation
reflect mere disagreement with the agency's reasonable judgments where the record
establishes that the agency comprehensively considered relevant past performance
information for both offerors, recognized positive and negative aspects of both
offerors' past performance, considered each offeror's corrective actions to address
prior performance problems, and reasonably determined that the proposals
presented essentially the same performance risk.
3. Agency performed a reasonable cost evaluation where it relied on statistical
analysis, considered other information provided by the offerors related to the status
of the labor market and the costs incurred under similar contracts, and recognized
differences in the fringe benefits associated with each offeror's proposed rates.](ViewImageLocal?handle=hein.gao/gaobadbug0001&div=1&collection=&method=preview&ext=.png&size=3)