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B-415965.4 1 (2018-06-13)

handle is hein.gao/gaobaduwi0001 and id is 1 raw text is: 



GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                  Comptroller General
Washington, DC 20548                                             of the United States
                                             ----------------------------------------------------------------------------------------------------------------------.
                                                DOCUMENT FOR PUBLIC RELEASE
                                              The decision issued on the date below was subject to
                                              Dsa GAO Protective Order. This redacted version has
            Decison                          Ibeen approved for public release.

Matter of:   Deque Systems, Inc.

File:        B-415965.4

Date:        June 13, 2018

Susan Warshaw Ebner, Esq., Sean D. Lee, Esq., and Jacqueline R. Scott, Esq.,
Fortney & Scott, LLC, for the protester.
Jeffery M. Chiow, Esq., Robert S. Metzger, Esq., Stephen L. Bacon, Esq., and Lucas T.
Hanback, Esq., Rogers Joseph O'Donnell, PC, for Level Access, Inc., the intervenor.
Frank V. DiNicola, Esq., Department of Veterans Affairs, for the agency.
Nora K. Adkins, Esq., and Amy B. Pereira, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

1. Protest challenging agency's corrective action, which was taken in response to an
earlier protest, is dismissed as premature where the protester merely anticipates
improper prejudicial agency action.

2. Protester's argument that another firm has an impermissible conflict of interest, and
thus should be precluded from competing under solicitation, is dismissed as premature
where award has not yet been made.
DECISION

Deque Systems, Inc., a small business located in Herndon, Virginia, challenges the
terms of the corrective action undertaken by the Department of Veterans Affairs (VA) in
response to Deque's protest (B-415965, B-415965.2, B-415965.3) of the award of a
contract to Level Access, Inc., of Vienna, Virginia, pursuant to request for proposals
(RFP) No. VA118-18-R-0143 for Section 508 program scanning and services.1 Deque
alleges that the agency's corrective action is improper. The protester also alleges bias
on behalf of agency officials and argues that new facts have emerged to establish that
there is an organizational conflict of interest (OCI) that the agency has not properly
addressed.

1 Section 508 refers to the Rehabilitation Act of 1973, as amended, which generally
requires that agencies' electronic and information technology be accessible to people
with disabilities. See 29 U.S.C. § 794d.

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