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In this protest we sustain the allegations, against the Air Force, that GDIT had a biased ground rules and an unequal access to information organizational conflict of interest

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In this protest we sustain the allegations that GDIT had a biased ground rules and an unequal access to information organizational conflict of interest.[19] With respect to the biased ground rules organizational conflict of interest, the ordinary remedy where the conflict has not been mitigated is the elimination of that competitor from the competition. The Jones/Hill Joint Venture, B-286194.4 et al., Dec. 5, 2001, 2001 CPD para. 194 at 22 n.26. We recommend that, at a minimum, SI International be excluded from the competition. With respect to both organizational conflicts of interest, we recommend that the Air Force contracting officer thoroughly investigate the nature and timing of the subcontracting relationship between GDIT and SI to determine the degree to which GDIT is implicated in SI’s organizational conflicts of interest and whether, consistent with FAR sect. 9.504, GDIT, too, should be excluded from the competition. If the Air Force decides to allow GDIT to remain in the competition and replace SI as a proposed subcontractor, the agency would need to reopen the competition and allow the submission of revised proposals from all offerors.
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http://www.gao.gov/decisions/bidpro/40013411.htm
Benefit/Value

1. Protest that agency unreasonably determined that the awardee did not have a “biased ground rules” organizational conflict of interest is sustained where the record shows that the awardee’s subcontractor provided procurement development services that put it in a position to affect the subsequent competition in its favor.

2. Protest that agency unreasonably determined that awardee did not have an “unequal access to information” organizational conflict of interest is sustained where the record shows that the awardee’s subcontractor had access to competitively useful, non-public information, and the drafts of the mitigation plans intended to prevent the disclosure of that information were not furnished to the agency until after the conclusion of the performance of the work covered by those plans.

3. Protest that agency unreasonably determined that the awardee did not have an “impaired objectivity” organizational conflict of interest is denied where the relationships between the awardee’s subcontractor and the firm that was its prime contractor on a prior task order are too attenuated to support such an allegation.

Keywords
organizational conflict of interest, subcontractor

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ID312401
Date CreatedThursday, September 10, 2009 10:57 AM
Date ModifiedThursday, September 10, 2009 10:57 AM
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