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B-401726,B-401726.2 1 (2009-11-13)

handle is hein.gao/gaobadbbp0001 and id is 1 raw text is: 




         G    A    O                                                  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.
         D  e c is io  n                           ...........................................................


         Matter  of:  The Analysis Group, LLC

         File:        B-401726; B-401726.2

         Date:        November  13, 2009


         Thomas  L. McGovern III, Esq., Michael D. McGill, Esq., William F. Ferreira, Esq., and
         Edward  C. Eich, Esq., Hogan & Hartson LLP, for the protester.
         James. J. McCullough, Esq., Steven A. Alerding, Esq., and William S. Speros, Esq.,
         Fried, Frank, Harris, Shriver & Jacobson, for Science Applications International
         Corporation, an intervenor.
         Liana D. Henry, Esq., General Services Administration, for the agency.
         Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
         participated in the preparation of the decision.
         DIGEST

         1. Where agency allowed successful vendor to make material revision that made its
         quotation acceptable, but did not provide protester similar opportunity to revise its
         quotation, agency improperly engaged in discussions only with successful vendor,
         and protest on that ground is sustained.

         2. Protest that successful vendor has impaired objectivity organizational conflict
         of interest (OCI) is sustained where record (1) shows that successful vendor's advice
         and assistance could lead to agency's procurement of other products and services
         offered by successful vendor, and (2) does not show that agency adequately
         considered possibility of impaired objectivity OCI, or whether such a potential OCI
         could be avoided, neutralized or mitigated.
         DECISION

         The Analysis Group, LLC (TAG), of Falls Church, Virginia, protests the issuance of a
         task order to Science Applications International Corporation (SAIC), of McLean,
         Virginia, under request for quotations (RFQ) No. GSC-TFMG-09-32148, issued by the
         General Services Administration (GSA) to acquire--on behalf of the Department of
         the Air Force's Deputy Chief of Staff for Operations, Plans, and Requirements,
         Strategic Plans and Policy Division (A5XP)--various support services in connection
         with A5XP's mission. TAG asserts that the agency did not evaluate quotations in

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