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B-294130 1 (2004-08-11)

handle is hein.gao/gaocrptapnp0001 and id is 1 raw text is: G A 0 Comptroller General SIntegrity Reliability of the United States ~ccountabthty Inert Rea iy 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: Abt Associates, Inc. File: B-294130 Date: August 11, 2004 Robert Sonenthal, Esq., Sonenthal and Overall, for the protester. Kenneth A. Martin, Esq., Martin & Associates, for TCG International, LLC, an intervenor. Diane A. Perone, Esq. and John Alumbaugh, Esq., Agency for International Development, for the agency. Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Post-closing time protest that awardee has an impermissible organizational conflict of interest (OCI) is untimely where (1) solicitation was issued on an unrestricted basis and included document on which the OCI allegation is based, (2) protester knew awardee was participating in the procurement, and (3) in response to protester's inquiry, agency specifically informed protester that it did not believe awardee had an impermissible OCI. DECISION Abt Associates, Inc. protests the award of a contract to TCG International, LLC under request for proposals (RFP) No. 386-04-001, issued by the Agency for International Development (AID) to procure technical assistance to India for Phase III of the Financial Institutions Reform and Expansion (Debt Market) (FIRE-D III) program. Abt asserts that TCGI was ineligible for award due to an organizational conflict of interest based on its previous preparation of a project evaluation and design document for the agency, which, Abt alleges, was incorporated into the statement of work for the FIRE-D III solicitation.' We dismiss the protest as untimely. 'Abt has also filed a protest (B-294130.2) in which it argues that the agency did not properly evaluate cost realism. We are currently developing the record in that protest and will decide it by separate decision.

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