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B-283731.2 1 (1999-12-21)

handle is hein.gao/gaocrptajnf0001 and id is 1 raw text is: h -e GeAtOa E Comptroller General of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: N&N Travel & Tours, hie. File: B-283731.2 Date: December 21, 1999 Josephine L. Ursini, Esq., for the protester. Julius Rothlein, Esq., David P. Ingold, Esq., and Maj. Carlos P. Kizzee, U.S. Marine Corps, for the agency. Paul E. Jordan, Esq., Glenn G. Wolcott, Esq., and Paul Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency solicitation seeking proposals for travel services at no cost to the government does not violate prohibitions against improper augmentation of appropriations nor is it otherwise improper where statute specifically permits the accrual to the Department of Defense of credits, discounts, and commissions received under travel services contracts, and contractor receives consideration through receipt of exclusive access to book official travel. 2. In travel services procurement where solicitation provides for contractor to obtain operating expenses from commissions paid by third parties, protest that risk of commission reductions makes the commission provisions unfair is denied. Agencies have discretion to impose maximum risks upon the selected contractor and minimum administrative burdens upon the agency. DECISION N&N Travel & Tours, Inc. protests the terms of request for proposals (RFP) No. M67400-00-R-0009, issued by the U.S. Marine Corps for travel management services for the Corps's Camp S.D. Butler, Okinawa, Japan. N&N contends that the RFP is defective because it improperly contemplates the award of a fixed-price, commission-based contract, which would also result in an unauthorized augmentation of appropriated funds. We deny the protest.

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