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B-411305,B-411305.2 1 (2015-07-09)

handle is hein.gao/gaobadrgs0001 and id is 1 raw text is: G A O Comptroller General Accountabilty * 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 i s i o n L .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . .. Matter of: Cubic Applications, Inc. File: B-411305; B-411305.2 Date: July 9, 2015 Paul F. Khoury, Esq., Tracye W. Howard, Esq., Nina S. Rustgi, Esq., and Laura Sherman, Esq., Wiley Rein LLP, for the protester. Robert S. Metzger, Esq., and Lucas T. Hanback, Esq., Rogers Joseph O'Donnell, P.C., for Science Applications International Corporation, the intervenor. Capt. Adam N. Olsen, Department of the Air Force, for the agency. Robert T. Wu, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that the agency unreasonably evaluated the protester's price proposal as exceptionally low and, as a result, conducted misleading discussions, is denied where the record shows the agency's evaluation was reasonable. 2. Protest that the agency engaged in disparate treatment between the protester and the awardee is sustained where the record shows the agency evaluated the protester's optional labor rates as exceptionally low, but without reasonable explanation did not similarly evaluate as exceptionally low the awardee's lower- priced optional labor rates, and there is a reasonable possibility that the protester was prejudiced by the agency's actions. DECISION Cubic Applications, Inc., of San Diego, California, protests the issuance of a task order to Science Applications International Corporation (SAIC), of McLean, Virginia, by the Department of the Air Force under request for proposals (RFP) No. FA4890- 12-D-OOXX-0065 for program security support services. Cubic argues that the Air Force improperly evaluated its proposal as exceptionally low in price, and conducted misleading discussions by informing the firm that its price was exceptionally low during several rounds of discussions. Cubic also argues that the agency disparately evaluated price proposals. We deny the protest in part and sustain it in part.

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