Matter of DynCorp International LLC
United States Government Accountability Office
2010 WL 893517 (2010)
The Department of the Army (Army) (defendant) awarded indefinite-delivery, indefinite-quantity contracts (IDIQ) to five awardees to provide program, technology, and operations support services for counter-narcoterrorism efforts worldwide, with particular focus on Afghanistan and Colombia. Under the IDIQ, the Army issued two task-order requests for proposals (TORP) to provide (1) mentoring and training services for the Afghan Ministry of the Interior and the Afghan National Police, both of which were only marginally involved in counter-narcoterrorism efforts; and (2) facility maintenance and logistical support for the Afghan National Police Development Program. Because the TORPs were issued under the IDIQ, competition was limited to the IDIQ awardees. DynCorp International, LLC (plaintiff), which was not an IDIQ awardee, filed a protest with the Government Accountability Office (GAO), arguing that the TORPs were outside the scope of the IDIQ and must therefore be subject to full and open competition. The Army countered, arguing that the TORPs were within the scope of the IDIQ because, in Afghanistan, there was a nexus between counter-narcoterrorism and anti-insurgency efforts due to the fact that narcotics trafficking funded Afghan insurgents.
Rule of Law
Holding and Reasoning (Poling, J.)
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