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B-411465,B-411465.2 1 (2015-08-04)

handle is hein.gao/gaobadrjw0001 and id is 1 raw text is: G A O Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability Office ........................................................................................................................ Unsigt , Stats Gn ADOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has Decision [been aprvdfor pulcrelease. D ec is io n --------------~ea Matter of: DynCorp International LLC File: B-411465; B-411465.2 Date: August 4, 2015 Paul R. Hurst, Esq., Patrick F. Linehan, Esq., Michael J. Navarre, Esq., Anthony Rapa, Esq., and Peter L. Wellington, Esq., Steptoe & Johnson LLP, for the protester. Paul A. Debolt, Esq., James Y. Boland, Esq., Elizabeth Ann Buehler, Esq., Collier L. Johnson II, Esq., and Christina K. Scopin, Esq., Venable LLP, for Kellogg Brown & Root Services, Inc., the intervenor. CPT Kelly L. Sledgister, Michael J. Kraycinovich, Esq., and Andrew M. Telschow, Esq., Department of the Army, for the agency. Evan D. Wesser, Esq., and Jonathan L. Kang, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging the agency's technical and cost realism evaluations is denied where, notwithstanding apparent errors, the protester fails to demonstrate competitive prejudice because it does not demonstrate that, but for the alleged errors, it would have had a substantial possibility of receiving the award. 2. Protest alleging that the agency failed to conduct meaningful discussions by not informing the protester that its proposed labor hours appeared to be overstated is denied where the agency had no obligation to raise the matter because it did not find that the proposed hours were so high so as to be unreasonable, unrealistic, or render the protester's proposal ineligible for award. 3. Protest challenging the agency's past performance evaluation and affirmative responsibility determination for failing to consider pending litigation involving the awardee is denied where the record demonstrates that the agency reasonably considered the information in accordance with the terms of the solicitation and applicable procurement regulations.

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