About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-417524.2,B-417524.3 1 (2019-12-19)

handle is hein.gao/gaobaeazf0001 and id is 1 raw text is: GAO 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 1been approved for public release. Matter of: Raytheon Company File: B-417524.2; B-417524.3 Date: December 19, 2019 Mark D. Colley, Esq., and Eric Valle, Esq., Arnold & Porter Kaye Scholer, LLP, for the protester. Paul Debolt, Esq., Chelsea Knudson, Esq., loana Cristei, Esq., and Taylor Hillman, Esq., Venable, LLP, for the intervenor. Jonathan A. Hardage, Esq., Department of the Army, for the agency. Stephanie B. Magnell, Esq., and Amy B. Pereira, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest alleging that the agency's price evaluation was flawed is denied, where the protester argues that the agency should have performed a price realism evaluation but the solicitation did not provide for one. 2. Protest alleging that the pricing terms of the solicitation contained a latent ambiguity is denied, where the protester cannot demonstrate prejudice. 3. Protest alleging that the agency improperly accepted the awardee's low rate for a certain labor category is dismissed, where the solicitation contained a patent ambiguity about whether the rate was fixed or would be negotiated after award. DECISION Raytheon Company, of Dulles, Virginia, protests the award of a contract to DynCorp International LLC, of McLean, Virginia, under request for proposals (RFP) No. W52P1 J- 18-R-001 1 by the Department of the Army, on behalf of the Combined Security Transition Command - Afghanistan, for security assistance training and advice as part of the Security Ministries of Afghanistan Advisory Program. The protester alleges that the Army failed to perform a price realism analysis; performed an unreasonable price evaluation by allowing certain fixed-rate amounts to be attributed to the cost- reimbursable portion of the contract; and improperly issued a solicitation with a latent ambiguity regarding which elements were fixed or reimbursable. The protester argues that these errors resulted in a flawed best-value award decision.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most