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B-405306 1 (2011-10-17)

handle is hein.gao/gaobadohn0001 and id is 1 raw text is: 


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G               A   O                                                   Comptroller General
Acc      untabiity * 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 version has been approved
                                                       for public release.
           Decision



           Matter of: Valor Construction Management, LLC

           File:       B-405306

           Date:       October 17, 2011

           Steven L. Reed, Esq., and J. Daniel Puckett, Esq., Smith, Currie & Hancock LLP, for
           the protester.
           Karen L. Mulcahy, Esq., Department of Veterans Affairs, for the agency.
           Paula A. Williams, Esq., Jennifer Westfall-McGrail, Esq., and Edward Goldstein, Esq.,
           Office of the General Counsel, GAO, participated in the preparation of the decision.
           DIGEST

           Protest that award was tainted by organizational conflicts of interest is denied where
           the record does not support allegations that awardee's subcontractor had
           participated in the preparation of a report used by the agency in drafting the
           statement of work or that the subcontractor had access to nonpublic information
           that would have provided a competitive advantage.
           DECISION

           Valor Construction Management, LLC, of Pahokee, Florida, protests the award of a
           contract to the Ale Group, Inc., of Naples, Florida, under request for proposals (RFP)
           No. VA-248-1 1-RP-0098, issued by the Department of Veterans Affairs (VA) for the
           correction of life safety deficiencies at the VA's Miami Medical Center. Valor argues
           that the Ale Group should have been excluded from the competition because one of
           its proposed subcontractors, Strollo Architects, Inc., has an organizational conflict of
           interest (OCI) stemming from its prior performance on a related VA contract. The
           protester also challenges the agency's evaluation of the Ale Group's proposal under
           the technical approach factor.

           We deny the protest.

           BACKGROUND

           The project to be awarded under the RFP here has two major components:
           correction of a large number of life safety deficiencies that are itemized in the
           solicitation, and preparation of a report identifying any life safety deficiencies that

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