"Decision Matter of: DyCorp International LLC
Citation: B-402349, CPD P 59 (Comp. Gen) (2010)"

FACTS In 2007, the Department of Defense (DOD)'s Counter Narcoterrorism Technology Program Office awarded five ID/IQ contracts with a collective price ceiling of $15 billion. The procurement solicited program and operations support for the Department of Defense Counter Narcoterrorism Technology Program Office and included the provision of "support for counter-drug activities of any other department or agency of the Federal Government or of any State, local or foreign law enforcement agency." The TORPs required services relating to the mentoring, training and logistics support for the Afghan National Police. The first TORP pertained to supporting the Afghan Ministry of the Interior and the Afghan National Police with general law enforcement and counter-terrorism initiatives. The second TORP pertained to providing logistical support at various geographic locations for the efforts proposed under the first TORP, including dining facility support, security services, medical support, custodial support, and others.

ISSUES The protester in question contended that these TORPs were outside the scope of the ID/IQ contracts because the requested services did not directly support counter-narcoterrorism efforts and were of a generalized counter-insurgency nature. The U.S. Army countered that the underlying ID/IQ contracts were written vaguely and broadly to the point to include such services. The Army also argued that the counter-insurgency efforts in which the Afghan Ministry of Interior and the Afghan National Police engaged constituted counter-narcoterrorism efforts because the insurgency in Afghanistan is more-or-less funded by drug-trafficking activities.

HOLDING OF THE COURT The court upheld the protest, citing the supporting argument of DynCorp and that the scope