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B-275957 1 (1997-04-23)

handle is hein.gao/gaocrptafwo0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision DOCUMENT FOR PUBLIC RELEASE A protected decision was issued on the date below and was subject to a GAO Protective Order. This version has been redacted or approved by the parties involved for public release. Matter of: Cygnus Corporation File: B-275957; B-275957.2 Date: April 23, 1997 William M. Rosen, Esq., Hilary S. Cairnie, Esq., and Edward W. Kirsch, Esq., Dickstein, Shapiro, Morin & Oshinsky, L.L.P., for the protester. Barbara S. Kinosky, Esq., Bean, Kinney & Korman, and James S. Phillips, Esq., and Leigh H. Turner, Esq., James S. Phillips, P.C., for Palladian Partners, Inc., an interveno r. Michael Colvin, Department of Health & Human Services, for the agency. Andrew T. Pogany, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. The presence of vested marital property rights of a government employee in the assets or income of an offeror controlled by the employee's spouse does not, by itself, establish that the government employee possesses substantial ownership or control of the offeror such that the matter constitutes a conflict of interest precluding a contract award to the offeror. 2. Contracting agency may properly consider the experience of a firm's personnel in evaluating its organizational experience even where the solicitation defines the factor being evaluated in terms of corporate experience. 3. While an offeror's misrepresentation concerning personnel that materially influences an agency's consideration of its proposal generally provides a basis for proposal rejection or termination of a contract award based upon the proposal, where protest that awardee misrepresented experience of principals is not supported by the record, agency's award is not objectionable. DECISION Cygnus Corporation, the incumbent contractor, protests the award of a level-of- effort, cost reimbursement contract to Palladian Partners, Inc. under request for proposals (RFP) No. N02-BC-66212-82, issued by the National Cancer Institute (NCI), National Institutes of Health (NIH), Department of Health & Human Services, as a total small business set-aside for technical support services for the Division of Basic Sciences (DBS), a component of NCI. Cygnus principally alleges that a

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