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B-310489.4 1 (2008-06-03)

handle is hein.gao/gaocrptavwy0001 and id is 1 raw text is: A 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. Decision Matter of: Superlative Technologies, Inc. File: B-310489.4 Date: June 3, 2008 Kenneth D. Brody, Esq., and Thomas K. David, Esq., David, Brody & Dondershine, LLP, for the protester. Rafael A. Madan, Esq., John L. Pensinger, Esq., Melinda D. Hart, Esq., and Rhonda Jones, Esq., Department of Justice, for the agency. Glenn G. Wolcott, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency's cancellation of solicitation, based on a potential unfair advantage provided to one or more of the offerors as a result of the agency's communications with and disclosure of information to the various offerors, cannot be reasonably reconciled with the agency's subsequent sole-source contract award to a team comprised of one of the offerors with whom the various communications occurred and to whom the information was disclosed, absent the agency's determination and creation of documentation regarding the substance of the communications with and the specific information disclosed to the various offerors. 2. Where agency has canceled a solicitation on the basis of concerns regarding procurement integrity violations and/or organizational conflicts of interest, and subsequently reopened the procurement under another contract vehicle, the agency must comply with Federal Acquisition Regulation requirements regarding identifying and resolving procurement integrity issues and/or organizational conflicts of interest. DECISION Superlative Technologies, Inc. (SuperTec) protests the failure of the Department of Justice (DOJ), Office of Justice Programs (OJP), to establish and document the facts surrounding the agency's prior cancellation of a procurement, where that cancellation was based on the agency's concerns that communications with and disclosure of information to various offerors, including ManTech International Corporation, created potential procurement integrity violations and/or organizational conflicts of interest.

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