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B-266339.2 1 (1996-04-16)

handle is hein.gao/gaocrptadvl0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Optimum Technology, Inc. File: B-266339.2 Date: April 16, 1996 John R. Tolle, Esq., and William T. Welch, Esq., Barton, Mountain & Tolle, for the protester. Virginia G. Farrier, Esq., Defense Information Systems Agency, for the agency. Glenn G. Wolcott, Esq., and Paul Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Prior performance of similar requirements by awardee's subcontractor does not give rise to prohibited organizational conflict of interest or provide an unfair competitive advantage where subcontractor's prior work did not affect the requirements being solicited and any advantage accruing is merely that of an incumbent contractor. 2. Agency's equal weighting of certain evaluation factors under solicitation which stated that lower-listed factors would be afforded less weight does not provide basis to sustain protest where record clearly establishes that protester was not prejudiced as a result. 3. Where solicitation stated that evaluation factors were listed in descending order of importance, actual weighing of the factors applied by the agency is unobjectionable where it reflected a reasonable downward progression. DECISION Optimum Technology, Inc. protests the award of a contract to Excel Management, Inc. under request for proposals (RFP) No. DCA100-95-R-0051, issued by the Defense Information Systems Agency (DISA). Optimum asserts that Excel should have been excluded from the competition because the prior contract performance of one of its proposed subcontractors created an impermissible organizational conflict of interest, and that the award was otherwise improper because the agency failed to follow the RFP's stated evaluation scheme. We deny the protest. 344415

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