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B-403054.2 1 (2011-02-08)

handle is hein.gao/gaobadbsc0001 and id is 1 raw text is: 


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         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:  Unisys Corporation

         File:        B-403054.2

         Date:        February 8, 2011

         Richard J. Webber, Esq., Arent Fox LLP, and E. Charles Rowan, Esq., for the
         protester.
         James J. McCullough, Esq., Michael J. Anstett, Esq., and Brian M. Stanford, Esq.,
         Fried, Frank, Harris, Shriver & Jacobson LLP, for Science Applications International
         Corporation, the intervenor.
         Stephanie A. Kreis, Esq., Department of Defense, Defense Information Systems
         Agency, for the agency.
         Kenneth Kilgour, Esq., and Edward T. Goldstein, Esq., Office of the General Counsel,
         GAO,  participated in the preparation of the decision.
         DIGEST

         Protest that awardee's use of a former government employee in the preparation of its
         proposal provided the firm with an unfair competitive advantage due to the
         employee's access to proprietary information of the protester is denied where the
         record reflects that the information at issue was not competitively useful.
         DECISION

         Unisys Corporation, of Reston, Virginia, protests the issuance of a task order to
         Science Applications International Corporation (SAIC), of Alexandria, Virginia, by
         the Defense Information Systems Agency (DISA), Defense Information Technology
         Contracting Organization (DITCO), under request for proposals (RFP)
         No. E200257.00 for data center operations and technical support activities. The
         protester argues that SAIC's use of a former government employee in the preparation
         of its proposal lent the firm an unfair competitive advantage and that the same
         former government  employee committed  a procurement integrity violation.


         1 We previously dismissed the protester's price realism challenge for failure to state a
         valid basis of protest. See Bid Protest Regulations, 4 C.F.R. § 21.1(c)(4) and (f)
         (2010). It was not clear that the agency was required to perform a price realism
         evaluation, and, even if it was, the protester unreasonably speculated that the
                                                                            (continued...)

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