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B-296090.2 1 (2005-06-17)

handle is hein.gao/gaocrptaqwe0001 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-296090.2; B-296090.3 Date: June 17, 2005 Bryant S. Banes, Esq., for the protester. Josephine L. Ursini, Esq., for Ravenel Brothers, Inc., an intervenor. Major 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. Protester's assertion that awardees are part of a conglomerate and should not qualify as small businesses constitutes a challenge to the size status of the awardees, an issue that is not for consideration by GAO. 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, the agreement between the awardees and the consultant does not violate the statutory and regulatory limitations on contingent fees. 3. Agency's evaluation of protester's proposed approach is reasonable where contemporaneous evaluation documents explain the basis for agency concerns and protester offers no substantive rebuttal of those concerns. DECISION Kola Nut Travel, Inc. protests the Department of the Army's award of contracts to Ravenel Brothers, Inc. and AirTrak Travel for travel management and related services under request for proposals (RFP) Nos. W91-QUZ-04-R-0003 and W91-QUZ-04-R-0007. Kola Nut maintains that the contract awards reflect an improper contingent fee agreement between the awardees and a consultant, and that the agency improperly evaluated Kola Nut's proposal. We deny the protest.

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