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B-402229.2 1 (2010-02-16)

handle is hein.gao/gaobadbfr0001 and id is 1 raw text is: Ii .L A G A O Comptroller General f. A Accountabity * 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. D e c is io n ........................................................... Matter of: McCarthy/Hunt, JV File: B-402229.2 Date: February 16, 2010 Mark D. Colley, Esq., Emma V. Broomfield, Esq., and Cameron W. Fogle, Esq., Arnold & Porter LLP, for the protester. William A. Roberts, III, Esq., Richard B. O'Keeffe, Jr., Esq., Nicole J. Owren-Wiest, Esq., and Tara L. Ward, Esq., Wiley Rein LLP, for Turner Construction Company, Inc., the intervenor. Connie L. Baran, Esq., Laura J. Arnett, Esq., and Henry R. Richmond, Esq., Corps of Engineers, for the agency. Kenneth Kilgour, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency unreasonably determined that awardee did not have an unequal access to information organizational conflict of interest is sustained where the record shows that the awardee's design subcontractor, through the firm that was negotiating to purchase it, and in fact did purchase it shortly after contract award, had access to competitively useful, non-public information. 2. Protest that agency unreasonably determined that awardee did not have a biased ground rules organizational conflict of interest is sustained where the record shows that the firm that was in negotiations to purchase, and ultimately did purchase, the awardee's design subcontractor, provided procurement development services to the agency that put it in a position to affect the competition in favor of the acquired subcontractor. 3. Protest that agency unreasonably determined that the awardee did not have an impaired objectivity organizational conflict of interest is denied where the record demonstrates a lack of prejudice to the protester.

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