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Chenega Mgmt., LLC v. United States

United States Court of Federal Claims

September 14, 2010, Filed

No. 10-221C

Opinion

 [*560]  MEMORANDUM OPINION AND FINAL ORDER1

This bid protest arises following a pre-award challenge at the Government Accountability Office ("GAO"), a suspension of the procurement pending the investigation of the Office of Special Investigation of the United States Air Force, and a subsequent post-award GAO protest.

To facilitate a review of this Memorandum Opinion and Order, the court has provided the following outline:

I. RELEVANT FACTS.

A. The Solicitation.

B. The Source Selection Procedure.

1. Source Selection Personnel.

2. The Evaluation Criteria.

a. Past Performance.

 [*561]  b. Mission Capability.

3. Mission Capability Risk.

4. Price.

C. The Source Selection Evaluation Team's Initial  [**2] Analysis.

D. Source Selection Authority's Evaluation And Award.

E. The Initial Protest Before The General Accounting Office And Resolution.

F. The Investigation By The United States Air Force.

G. The Source Selection Authority's Final Award Decision.

II. PROCEDURAL HISTORY.

A. Subsequent Protests Before The Government Accountability Office.

B. Before The United States Court Of Federal Claims.

III. JURISDICTION.

A. Jurisdiction.

B. Standing.

IV. APPLICABLE STANDARD OF REVIEW.

V. SUPPLEMENTATION OF THE ADMINISTRATIVE RECORD.

VI. DISCUSSION.

A. Plaintiff's Motion For Judgment On The Administrative Record.

B. The Government's Cross-Motion And Response.

C. Plaintiff's Response And Reply.

D. The Government's Reply.

E. The Court's Resolution.

1. Plaintiff Failed To Establish Bias.

2. Plaintiff Failed To Establish A Violation Of Federal Acquisition Regulation 3.101-2 – Acceptance Of A Gratuity And 5 C.F.R. § 2635.203.

3. Plaintiff Failed To Establish A Violation Of Federal Acquisition Regulation 1.602-2 — Unequal Treatment.

4. Plaintiff Failed To Establish The Air Force Evaluators Were Not Qualified.

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96 Fed. Cl. 556 *; 2010 U.S. Claims LEXIS 701 **

CHENEGA MANAGEMENT, LLC., Plaintiff, v. THE UNITED STATES, Defendant.

Prior History: Chenega Mgmt., LLC v. United States, 2010 U.S. Claims LEXIS 728 (Fed. Cl., May 14, 2010)

CORE TERMS

Air, Offeror, procurement, protest, redacted, bias, Solicitation, administrative record, rating, allegations, weaknesses, proposals, Capability, evaluated, Reply, contracting, Mission, tickets, bad faith, gratuity, past performance, protestor, bid, corrective action, involvement, unequal treatment, eliminated, team, regulation, conflicting interest

Public Contracts Law, Bids & Formation, Offer & Acceptance, Acceptances & Awards, Competitive Proposals, Authority of Government Officers, Contracting Officers, Costs & Prices, Price Analysis, General Overview, Dispute Resolution, Bid Protests, Jurisdiction, Administrative Law, Judicial Review, Standards of Review, Evidence, Burdens of Proof, Allocation, Governments, Courts, Courts of Claims, Clear & Convincing Proof, Presumptions, Particular Presumptions, Regularity, Federal Government, Employees & Officials