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B-400771,B-400771.2 1 (2009-01-27)

handle is hein.gao/gaobadati0001 and id is 1 raw text is: G A 0 Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: Honeywell Technology Solutions, Inc. File: B-400771; B-400771.2 Date: January 27, 2009 David A. Churchill, Esq., Kevin C. Dwyer, Esq., Marc A. Van Allen, Esq., Jammey L. Kligis, Esq., Damien C. Specht, Esq., and Caroline A. Keller, Esq., Jenner & Block LLP, for the protester. Lars E. Anderson, Esq., Paul A. Debolt, Esq., William L. Walsh, Jr., Esq., J. Scott Hommer, III, Esq., Peter A. Riesen, Esq., Patrick R. Quigley, Esq., and Justin J. Wortman, Esq. Venable LLP, for ITT Corporation, an intervenor. Alexander T. Bakos, Esq., Laura M. Giza, Esq., John H. Eckhardt, Esq., and Pamela J. Werner, Esq., National Aeronautics and Space Administration, for the agency. Louis A. Chiarella, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Post-closing time protest that awardee has an impermissible organizational conflict of interest (OCI) is untimely where (1) solicitation was issued on an unrestricted basis, (2) protester was aware of the underlying facts giving rise to the potential OCI (and knew awardee was participating in the procurement), and (3) in response to protester's inquiry, agency specifically informed protester that it did not believe awardee had an impermissible OCI. 2. Protest that awardee gained an unfair competitive advantage through its retention of a former agency official as a consultant will not be reviewed where the protester did not timely report the underlying alleged procurement integrity provision violation to the contracting agency within 14 days after the protester first discovered the possible violation, as required by GAO's Bid Protest Regulations. 3. Contracting agency engaged in meaningful discussions where the agency advised protester of specific weaknesses regarding its technical proposal; agency was not required to also afford the protester an opportunity to cure proposal defects first introduced either in response to discussions or in a post-discussion proposal revision.

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