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B-410639,B-410639.2 1 (2015-01-15)

handle is hein.gao/gaobadqww0001 and id is 1 raw text is: G A O Comptroller General Accountabilty * 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 Decision [e for ic release. Matter of: International Business Machines Corporation File: B-410639; B-410639.2 Date: January 15, 2015 Jonathan D. Shaffer, Esq., John S. Pachter, Esq., Mary Pat Buckenmeyer, Esq., Zachary D. Prince, Esq., and Elspeth A. England, Esq., Smith Pachter McWhorter PLC, for the protester. Scott E. Pickens, Esq., William M. Jack, Esq., Amba M. Datta, Esq., and Ayanna N. Vest, Esq., Barnes & Thornburg LLP, for SRA International, Inc., the intervenor. Stephanie Beaty, Esq., Defense Logistics Agency, for the agency. Cherie J. Owen, Esq., and David A. Ashen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency reasonably concluded that the protester had an organizational conflict of interest (OCI) and properly eliminated the protester from the competition where the agency found that a member of the protester's team was involved in developing the statement of work, solicitation, and other key acquisition documents and strategies, resulting in a biased ground rules OCI. 2. Agency's exchanges with the protester regarding its potential organizational conflict of interest (OCI) were not misleading where the agency reasonably led the firm into the area of concern--that is, the apparent OCI associated with a member of the protester's team's involvement in developing and drafting the acquisition documents and strategies for this procurement--so as to enable the protester to furnish any information or analysis it had to address the OCI concerns. DECISION International Business Machines Corporation (IBM), of Bethesda, Maryland, protests the Defense Logistics Agency's (DLA) decision declaring the firm ineligible to compete due to an organizational conflict of interest (OCI) under request for proposals No. SP4701-14-R-001 0, for replacement and upgrade of the Defense Retiree and Annuitant Pay System (DRAS). IBM contends that the agency's

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