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B-285330 1 (2000-08-17)

handle is hein.gao/gaocrptalda0001 and id is 1 raw text is: G A 0 Comptroller General Accountability * Integrity* Reliability of the United States United States General Accounting 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: Ktech Corporation File: B-285330; B-285330.2 Date: August 17, 2000 Robert S. Gardner, Esq., for the protester. Thomas F. Burke, Esq., McKenna & Cuneo, for Maxwell Technologies, an intervenor. David C. Rickard, Esq., Defense Threat Reduction Agency, 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 awardee's subcontractor has impermissible conflict of interest is sustained where record shows that agency did not consider possibility that subcontractor may have improperly obtained, through performance of earlier government contract, information confidential to protester and used it to enhance capabilities made available to awardee, and agency did not analyze possible conflicting roles that subcontractor may be required to perform under protested contract and subcontractor's other government work. DECISION Ktech Corporation protests the award of a contract to Maxwell Technologies under request for proposals (RFP) No. DTRAO1-00-R-0009, issued by the Defense Threat Reduction Agency (DTRA) for the operation of a magnetic flyer plate facility, and the performance of certain tests within the facility. Ktech asserts that the awardee has an impermissible organizational conflict of interest, that the agency made its award decision on a basis other than that announced during the acquisition, and that the agency failed to conduct meaningful discussions with it. We sustain the protest. BACKGROUND The solicitation contemplated the award of a cost-reimbursement contract to perform various services in connection with the operation of the agency's magnetic flyer plate (mag flyer) facility in Albuquerque, New Mexico. This facility is used for

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