About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-191931 1 (1978-08-18)

handle is hein.gao/gaobadghp0001 and id is 1 raw text is: -  ~hi


                     -~ ~THE  CDMPTFIOLLEF4 GENE~qAL
DlECISION      .y.J         POF THE  UNITED     STATEB
                          W A aHING  TON,  C3. C,. 0546E



FILE:    B-191931               DATE:   August 18, 1978

MATTER   OF:   Booz,  Allen & Hamilton, Inc.


DIGEST:


1.   DOE may require disclosure  of any interest
     bearing on question  of possible conflict
     as prerequisite  for consideration of pro-
     posal but must  do so in clear and unambig-
     uous language.

 2.  Offeror could  reasonably conclude that war-
     ranty of no possible  conflicts of interest
     would satisfy solicitation  provision permit-
     ting offerors to  submit statement certifying
     to the absence of  such interest.  Since
     negotiations have  been conducted with other
     offerors determined  to be in competitive
     range, agency should  negotiate with protester
     to establish whether  it meets qualification
     criteria.  Other corrective  action is recom-
     mended.

     Booz, Allen & Hamilton,  Inc., protests the refusal
 by the Department of  Energy (DOE) to consider its pro-
 posal to provide analytical  studies and services  in
 support of administrative management  functions.

      The request for proposals  set forth as qualifica-
 tion criteria the requirements  relating to organiza-
 tional conflicts of  interest.  The Department states
 that it has attempted to  fully implement the special
 statutory conflict of  interest disclosure requirements
 applicable to DpE by establishing  proper disclosure of
 potential conflicts of  interest as a necessary prere-
 quisite for consideration of  an offeror's technical,
 business and cost proposal.  Booz  Allen's proposal
 was not considered on  its merits because of the firm's
 alleged failure either  to disclose, or to certify, in
 an unambiguous manner,  that it had nothing to disclose.


0


I

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most