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B-296090.4 1 (2005-08-25)

handle is hein.gao/gaocrptaqwf0001 and id is 1 raw text is: A G A O 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: Kola Nut Travel, Inc. File: B-296090.4 Date: August 25, 2005 Bryant S. Banes, Esq., for the protester. Josephine L. Ursini, Esq., for Alamo Travel Group and Wingate Travel, Inc., intervenors. Lt. Col. Frank A. March, Department of the Army, for the agency. Glenn G. Wolcott, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency's contemporaneous evaluation record reasonably supports the agency's evaluation of protester's technical proposal as merely acceptable. 2. Where awardees' consultant will earn a fee based on profits earned during the awardees' performance of the contract, and there is no evidence of improper influence on government officials regarding the contract award decisions--rather, the record reflects that award was made on the basis of the awardees' significantly lower prices and higher rated technical proposals--the agreement between the awardees and the consultant does not violate the statutory and regulatory limitations on contingent fees. DECISION Kola Nut Travel, Inc. protests the Department of the Army's award of contracts to Alamo Travel Group and Wingate Travel, Inc. for travel management services under request for proposals (RFP) No. W91-QUZ-04-R-0003. Kola Nut maintains that the agency failed to properly evaluate its technical proposal and that the awardees' proposals reflect improper contingent fee agreements. We deny the protest.

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