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B-402089.3 1 (2010-10-22)

handle is hein.gao/gaobadbnm0001 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: Ellwood National Forge Company File: B-402089.3 Date: October 22, 2010 Thomas L. McGovern III, Esq., Michael D. McGill, Esq., and Edward C. Eich, Esq., Hogan Lovells US, LLP, for the protester. Craig A. Holman, Esq., and Kara L. Daniels, Esq., Arnold & Porter LLP, for McConway and Torley, LLC, an intervenor. Marvin K. Gibbs, Esq., and James B. Howarth, Esq., Department of the Air Force, 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 Protest that competitor has an unfair access to information organizational conflict of interest is denied where record shows that the information at issue was obtained by a former employee and consultant of protester; alleged dissemination of such information is a dispute among private parties that Government Accountability Office will not consider, notwithstanding that the former employee may also have had subsequent opportunity to obtain the same information through performance of government contract. DECISION Ellwood National Forge Company, of Ellwood City, Pennsylvania, protests the decision by the Department of the Air Force to allow McConway and Torley, LLC (M&T), of Pittsburgh, Pennsylvania, to compete for a contract to manufacture bomb live unit- 113 (BLU- 113) case assemblies and pallets under request for proposals (RFP) No. FA8213-09-R-77150. Ellwood maintains that M&T has an impermissible organizational conflict of interest (OCI). We deny the protest. The BLU- 113 case assemblies are steel warhead casings fabricated from high-strength alloy steel and are designed to penetrate either the ground or reinforced/hardened structures before detonating. The specific steel alloy used for these casings is referred to as HP 9-4-20M steel, and in order to be eligible to

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