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B-420361.7,B-420361.8 Jun 28, 2023 1 (2023-06-28)

handle is hein.gao/gaooww0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to Decision a GAO Protective Order. This redacted version has been approved for public release. Matter of: TRAX International Corporation File: B-420361.7; B-420361.8 Date: June 28, 2023 Daniel P. Graham, Esq., Tara L. Ward, Esq., Llewelyn M. Engel, Esq., and Elizabeth Hummel, Esq., McDermott Will & Emery LLP, for the protester. J. Hunter Bennett, Esq., Jason A. Carey, Esq., Evan R. Sherwood, Esq., Chanda Brown, Esq., and Paul L. Rowley, Esq., Covington & Burling LLP, for Engineering Research and Consulting, Inc., the intervenor. Lieutenant Colonel Michael R. Tregle, Jr., Department of the Army, for the agency. Kenneth Kilgour, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Requests to dismiss protest pursuant to Bid Protest Regulations, 4 C.F.R. § 21.11(b), are denied because ancillary litigation at the District Court that could call into question the responsibility of an awardee is not the standard GAO uses for dismissal based on concurrent jurisdiction between GAO and other forums. 2. Protest that awardee is ineligible for award for failure to provide an adequate disclosure statement is sustained where the disclosure statement provided was not the awardee's. 3. Protest challenging the agency's evaluation of awardee's proposed program management office is sustained where the evaluation contained an error of fact regarding the escalation of labor rates. 4. Allegations that the agency engaged in misleading and unequal discussions are sustained where the agency failed to discuss with protester costs the agency evaluated as unrealistic; the agency had addressed unrealistic costs with offerors in discussions and, after discussions concluded, the agency identified additional costs--unchanged since the initiation of discussions--that the agency considered unrealistic. In addition, the record substantiates that the agency conducted a final round of discussions with the awardee alone.

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