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B-404833.4 1 (2011-11-21)

handle is hein.gao/gaobadoki0001 and id is 1 raw text is: A G A 0 Comptroller General ,m 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. D e c is io n ........................................................................................................................ Matter of. VSE Corporation File: B-404833.4 Date: November 21, 2011 Marcia G. Madsen, Esq., David F. Dowd, Esq., Luke Levasseur, Esq., Polly A. Myers, Esq., and Elizabeth G. Oyer, Esq., Mayer Brown LLP, for the protester. Kevin C. Dwyer, Esq., Daniel E. Chudd, Esq., and Kristen M. Rogers, Esq., Jenner & Block LLP, for General Dynamics Information Technology, the intervenor. Wade L. Brown, Esq., and Cathleen Perry, Esq., Department of the Army, for the agency. Jonathan L. Kang, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the agency's termination of a contract awarded to the protester is sustained where the record does not support the contracting officer's determination that an appearance of impropriety had been created by the protester's hiring of a former government employee as a consultant, because the record shows that the determination was based on assumptions, rather than hard facts, and relied on an incorrect understanding of the statutes and regulations that apply to post- government employment activities. DECISION VSE Corporation, of Alexandria, Virginia, protests the termination of a contract awarded to it by the Department of the Army, under request for proposals No. W91CRB-11-R-0016, for support of the Army's Rapid Equipping Force (REF). The Army terminated the contract based on the contracting officer's (CO) finding that the award was tainted by the protester's hiring of a former government employee as a consultant and that individual's participation in the preparation of the protester's proposal. VSE contends that the CO's determination was unreasonable. We sustain the protest.

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