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B-404880.7 1 (2012-11-05)

handle is hein.gao/gaobadpdp0001 and id is 1 raw text is: 




          G    A    O                                                 Comptroller General
r       Accountablity * Integrity * Reliability                        of the United States
  U n ite d  S tate s  G o ve rn m e nt  A c c o u nta b ility  O ff ice  ----------------------------------------------------------------------------------------------------------------------.
  Unsigt , Stats Gn ADOCUMENT 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:   North Wind, Inc.

          File:        B-404880.7

          Date:        November 5, 2012

          Kevin P. Mullen, Esq., Charles L. Capito, Esq., and J. Alex Ward, Esq., Jenner &
          Block LLP, for the protester.
          Richard P. Rector, Esq., and Dawn E. Stern, Esq., DLA Piper US LLP, for Navarro
          Research and Engineering, Inc., the intervenor.
          Richard J. McCarthy, Esq., National Aeronautics and Space Administration, for the
          agency.
          Nora K. Adkins, Esq., and Jonathan L. Kang, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Protest that an offeror had an immitigable unequal access to information
          organizational conflict of interest that should have disqualified it from the
          competition is denied, where the agency reasonably concluded that the offeror's
          performance of a bridge contract for the same services did not provide access to
          the protester's non-public, proprietary information.
          DECISION

          North Wind, Inc., of Idaho Falls, Idaho, protests the terms of amendment No. 6 to
          request for proposals (RFP) No. NNJ10336475R issued by the National
          Aeronautics and Space Administration (NASA) for environmental compliance and
          restoration work at the White Sands test facility in Las Cruces, New Mexico. The
          protester argues that in issuing the amendment, the agency failed to account for an
          organizational conflict of interest (OCI) that provides another offeror, Navarro
          Research and Engineering, Inc., an unfair competitive advantage.

          We deny the protest.

          On June 26, 2012, NASA issued RFP amendment No. 6 in response to a decision
          by our Office sustaining an earlier protest of North Wind. See North Wind, Inc.:
          Earth Resources Tech., Inc., B-404880.4 et al., Nov. 4, 2011, 2011 CPD T 246. To

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