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B-415318.5,B-415318.6 1 (2018-08-09)

handle is hein.gao/gaobadvbr0001 and id is 1 raw text is: 



G     A     O       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
Decision                                   a GAO Protective Order. This redacted version has
                                           been approved for public release.


Matter of:   ARP Sciences, LLC

File:        B-415318.5; B-415318.6

Date:        August 9, 2018

Michael D. McGill, Esq., Thomas L. McGovern III, Esq., Christine Reynolds, Esq., and
Thomas A. Pettit, Esq., Hogan Lovells US LLP, for the protester.
Marina Burton Blickley, Esq., Lars E. Anderson, Esq., and Shiva S. Hamidinia, Esq.,
Odin Feldman Pittleman PC, for SNA International, LLC, the intervenor.
Frank A. March, Esq., Department of the Army, for the agency.
Paula J. Haurilesko, Esq., and Laura Eyester, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

1. Protest that the agency failed to adequately consider the awardee's unequal access
to information organizational conflict of interest (OCI) is denied, where the agency
reasonably considered the available information and concluded that no conflict of
interest existed.

2. Supplemental protest challenging the adequacy of the agency's waiver of rules and
procedures pertaining to an OCI is dismissed, where the waiver was executed shortly
before GAO's statutory 100-day deadline, our Office was already prepared to conclude
that the OCI allegation had no merit, and GAO's decision to deny the OCI challenge
renders academic the challenge to the waiver.

3. Protest that the agency unreasonably assigned the protester a good rather than an
outstanding rating is denied, where the source selection authority looked beyond the
adjectival ratings to consider the strengths in the protester's proposal.

4. Protest that the agency unequally assigned strengths to offerors' proposals is
denied, where the protester's proposal did not offer the same features as the awardee's.

5. Protest that the agency failed to consider the risks posed by the awardee's proposal
to retain a high percentage of incumbent staff while the awardee intends to offer
decreased pay and benefits is denied, where the record shows that the agency
reasonably considered the awardee's proposed labor rates, the protester did not

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