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B-292674 1 (2003-11-12)

handle is hein.gao/gaobacymp0001 and id is 1 raw text is: 


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         G     A    0Comptroller 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:  TDS, Inc.

          File:       B-292674

          Date:       November  12, 2003

          William A. Roberts, III, Esq., Philip J. Davis, Esq., Phillip H. Harrington, Esq.,
          Timothy W. Staley, Esq., and Jonathan L. Kang, Esq., Wiley Rein & Fielding, for the
          protester.
          Rafael A. Madan, Esq., John L. Pensinger, Esq., Linda Fallowfield, Esq., and Alan
          Fisher, Esq., Office of Justice Programs, Department of Justice, 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

          1. Protest that awardee's proposed subcontractor has an impermissible impaired
          objectivity organizational conflict of interest by virtue of another contract with the
          agency, is denied where record fails to show that firm will be in a position to
          evaluate the performance or activities of the prime contractor as part of its
          responsibilities under that other contract.

          2. Where agency personnel comment on, or raise substantive questions or concerns
          about, vendors' quotations or proposals in the course of an oral presentation, and
          either simultaneously or subsequently afford the vendors an opportunity to make
          revisions in light of the agency personnel's comments, questions, and concerns,
          discussions have occurred.

          3. Protest that agency failed to engage in meaningful, equitable discussions is
          sustained where agency personnel, during course of at least one vendor's oral
          presentations, asked detailed, substantive questions relating to the vendor's
          quotation, yet agency failed to alert protester to any of the numerous weaknesses
          identified in its quotation.
          DECISION

          TDS, Inc. protests the issuance of a task order to Northrop Grumman Information
          Technology under request for quotations (RFQ) No. OJP-2003-Q-014, issued by the
          Department of Justice, Office of Justice Programs (OJP), to acquire help desk
          operation services. TDS maintains that one of Northrop's subcontractors has an

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