Employee Retention Employed as A Discriminator for Source Selection After Agency Disparately Evaluates Offerors’ Employee Retention Plans; GAO B-410486.9, Fluor Federal Solutions, LLC

Protest arguing the agency evaluated proposals disparately is sustained, where the agency assigned a risk to the protester’s staffing plan for proposing to replace higher paid employees with lower paid workers throughout the life of the contract, but did not consider whether a similar risk existed in the awardee’s proposed staffing plan, and where the agency later used employee retention as a discriminator in selecting the awardee for the procurement.