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B-278673 1 (1998-02-27)

handle is hein.gao/gaocrptahpq0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a I GAO Protective Order. This redacted version has been approved for public release. Matter of: Battelle Memorial Institute File: B-278673 Date: February 27, 1998 Alexander J. Brittin, Esq., Patrick K O'Keefe, Esq., Francis E. Purcell, Jr., Esq., and Arleigh V. Closser, Esq., McKenna & Cuneo, and Kathy A. Olson, Esq., Battelle Memorial Institute., for the protester. James J. Regan, Esq., Frederick W. Claybrook, Jr., Esq., Paul Shnitzer, Esq., and John E. McCarthy, Jr., Esq., Crowell & Moring, and Stuart I. Young, Esq., for DynPort LLC, an intervenor. Col. Nicholas P. Retson, JA, Maj. Michael J. O'Farrell, JA, Jay B. Winchester, Esq., Ltc. James M. Miller, JA, Maj. Jonathan C. Guden, JA, Cpt. John C. Lavorato, JA, Elizabeth A. Arwine, Esq., and Kenneth J. Allen, Esq., Department of the Army, for the agency. Glenn G. Wolcott, Esq., Paul E. Jordan, Esq., and Paul Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Where a potential contractor proposes to meet a solicitation's requirements by offering performance by a government facility, and personnel employed by that facility are involved in evaluating the competing offerors' proposals, it is incumbent on the contracting officer to consider whether similar situations involving contractor organizations would require avoidance, neutralization or mitigation. 2. Contracting officer reasonably determined that government entity's minimal, potential involvement in contract performance did not create a significant conflict of interest requiring avoidance, neutralization or mitigation. 3. Where protester's offer proposed a more established technical approach than awardee's offer, agency's technical evaluation resulting in same technical risk for both proposals is unobjectionable where evaluation was reasonable and in accordance with stated evaluation criteria. Under stated evaluation scheme, technical approach was less important than management of total contract effort, and agency had unilateral authority to select technical approach during contract performance.

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