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B-405155.3 1 (2011-10-03)

handle is hein.gao/gaobadogg0001 and id is 1 raw text is: i G A 0 Comptroller General Accuntabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Science Applications International Corporation File: B-405155.3 Date: October 3, 2011 William L. Walsh, Jr., Esq., J. Scott Hommer III, Esq., George W. Wyatt IV, Esq., and Brendan M. Lill, Esq., Venable LLP, for the protester. Col. Mark S. Teskey, and W. Michael Rose, Esq., Department of the Air Force, for the agency. Paul E. Jordan, Esq., and Scott H. Riback, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST GAO recommends reimbursement of protest costs where procuring agency took corrective action after parties were informed through alternative dispute resolution (ADR) procedures the protest was clearly meritorious. DECISION Science Applications International Corporation (SAIC), of McLean, Virginia, requests that our Office recommend that it be reimbursed the costs of filing and pursuing its protest challenging a determination by the Department of the Air Force to eliminate SAIC's proposal--based on an alleged organizational conflict of interest (OCI)--from the competition under request for proposals No. FA8707-1 1-R-0007, for the Air and Space Operations Center weapon system modernization program. We grant the request. SAIC protested that the agency unreasonably determined that the protester had an unequal access to information OCI which disqualified it from participating in the competition; that it failed to treat all offerors equally in this regard; and that it failed to follow the requirements of the Federal Acquisition Regulation (FAR). In response to SAIC's protest, the agency submitted a report to which SAIC filed comments and a supplemental protest. After the agency submitted a supplemental report and SAIC submitted its comments, the cognizant GAO attorney held an alternative dispute resolution (ADR) conference, in which he engaged in outcome prediction. He advised the parties that it was not clear from the record that the agency's

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