DynCorpInternational LLC

A firm protested a contract award by the U.S. Army Corps of Engineers to obtain base operation services, contending that the agency misevaluated cost and technical proposals in making its award decision. GAO noted that (1) the source selection authority discounted weaknesses in the awardee's proposal identified by technical and cost evaluators, and that the record does not establish that the authority's disagreement has a rationale basis, and (2) the agency improperly assigned a high performance risk rating to the protester's proposal based on potential cost growth while not assigning a similar rating to the awardee's proposal. Accordingly, the protest was sustained, and GAO recommended that the agency amend the solicitation to clarify its subcontractor data requirements and obtain revised proposals. The agency should evaluate those proposals consistent with GAO's decision and make a new source selection decision. If the agency concludes that a firm other than the awardee is properly in line for award, the agency should make award to that other firm and terminate the awardee's contract for the convenience of the government. Furthermore, the protester should be reimbursed the costs associated with filing and pursuing its bid protest, including reasonable attorneys' fees.