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B-412628.6,B-412628.7 1 (2017-03-14)

handle is hein.gao/gaobadtfy0001 and id is 1 raw text is: 




         G    A    O                                                   Comptroller General
      Accountabilty * Integrity * Reliability                          of the United States
U n ite d  S tate s  G o v e rn m e n t  A c c o u nta b ility  O ff ice  -----------------------------------------------------------------------------------------------------------------------
Washington, DC 20548                                  DOCUMENT FOR PUBLIC RELEASE
                                                    The decision issued on the date below was subject to
                                                    a GAO Protective Order. This redacted version has
         Decision                                   been approved forpublic release.



         Matter of:   XPO Logistics Worldwide Government Services, LLC

         File:        B-412628.6; B-412628.7

         Date:        March 14, 2017

         Frederick W. Claybrook, Jr., Esq., of Claybrook LLC; and Daniel R. Forman, Esq.,
         Mark A. Ries, Esq., James G. Peyster, Esq., and Charles Baek, Esq., of Crowell
         & Moring LLP, for the protester.
         Kara M. Sacilotto, Esq., Rand L. Allen, Esq., Brian G. Walsh, Esq., Gary S. Ward,
         Esq., and Cara L. Lasley, Esq., Wiley Rein LLP, for Crowley Logistics, Inc.,
         an intervenor.
         Col. C. Taylor Smith and Michael G. McCormack, Esq., Department of
         the Air Force; and Willie J. McAlister, Esq., Peter B. Ries, Esq., and Robert D.
         Bowers, Esq., United States Transportation Command, for the agency.
         Matthew T. Crosby, Esq., and Christina Sklarew, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         1. Protest that awardee's pricing is unbalanced under a solicitation for the award of
         an indefinite-delivery/indefinite-quantity contract is dismissed as untimely where the
         protest concerns the solicitation's estimates and price evaluation methodology but
         the protester failed to challenge these terms before the solicitation's closing date.

         2. Protest challenging agency's relevancy determinations for the awardee's past
         performance efforts is sustained where the solicitation required an assessment of
         the magnitude of the offerors' past efforts relative to the solicited requirement and
         where the record fails to show how the awardee's comparatively low-value past
         efforts reasonably could have been assessed as somewhat relevant.
         DECISION

         XPO Logistics Worldwide Government Services, LLC, of High Point, North Carolina,
         protests the award of a contract to Crowley Logistics, Inc., of Jacksonville, Florida,
         by the Department of Defense, United States Transportation Command, under
         request for proposals (RFP) No. HTC711-15-R-R003 for freight transportation
         services. XPO alleges that the agency's evaluation of proposals was unreasonable
         and that its best-value tradeoff was flawed.

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