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B-401447 1 (2009-09-01)

handle is hein.gao/gaobadaza0001 and id is 1 raw text is: G A 0 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: Raydar & Associates, Inc. File: B-401447 Date: September 1, 2009 S. Andrew Burns, Esq., and Bruce A. Walker, Esq., Cox Sargeant & Burns, PC, for the protester. William L. Walsh, Jr., Esq., J. Scott Hommer, III, Esq., Patrick R. Quigley, Esq., and Justin J. Wortman, Esq., Venable LLP, for Tri Star Engineering, Inc., the intervenor. Marvin D. Rampey, Esq., Naval Sea Systems Command, for the agency. Jacqueline Maeder, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protester's assertion that awardee, the incumbent contractor, had improper organizational conflict of interest due to involvement in providing level of effort information for incorporation in solicitation is untimely where record shows that (1) protester was aware of awardee's involvement, (2) protester brought its concerns to agency's attention, (3) agency responded that awardee's involvement was not improper, and (4) protester did not challenge agency's failure to preclude awardee from competing prior to closing time for receipt of proposals. 2. Protester's allegation of agency bias in favor of awardee is denied where record, including agency's unrebutted responses denying bias, contains no evidence of bias or bad faith on part of agency personnel. DECISION Raydar & Associates, Inc., of Odon, Indiana, protests the award of a contract to Tri Star Engineering, Inc., of Bedford, Indiana, under request for proposals (RFP) No. N00164-08-R-GR40, issued by the Department of the Navy, Naval Surface Warfare Center, Crane Division (NSWC Crane), for maintenance and repair services for various military radar antennas. Raydar principally argues that Tri Star had an improper organizational conflict of interest (OCI), and that the evaluation of its own proposed key personnel was unreasonable. We deny the protest.

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