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B-282244 1 (1999-06-18)

handle is hein.gao/gaocrptajjf0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: SSR Engineers, Inc. File: B-282244 Date: June 18, 1999 Craig W. Jardine for the protester. Marilyn Walter Johnson, Esq., and Richard G. Welsh, Esq., Naval Facilities Engineering Command, Department of the Navy, for the agency. Glenn G. Wolcott, Esq., and Paul Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency reasonably excluded protester from participating in procurement where protester has an organizational conflict of interest arising from its preparation of the statement of work and cost estimates used by the agency in the procurement. DECISION SSR Engineers, Inc. protests the Department of the Navy's determination to exclude SSR from a procurement for changes to the electrical distribution system at Keesler Air Force Base, Biloxi, Mississippi, under request for proposals (RFP) No. N62467-99- R-0883, because of an organizational conflict of interest. The agency's determination is based on SSR's prior preparation of the statement of work and development of the cost estimates being used by the agency for the protested procurement. We deny the protest. The record shows that, in April 1996, SSR was awarded an architect-engineering services contract requiring that it develop a long range comprehensive master plan to replace the overhead primary electrical, cable television, and Energy Management and Control System (EMCS) lines with new underground lines at Keesler AFB in Biloxi, Mississippi. Contract No. F22600-96-D-0010, Statement of Work § 2.1. The agency states that volume I of the three-volume master plan prepared by SSR under the prior contract is being used as the statement of work for the protested procurement, and that volume I also contains the cost calculations that are the basis for the agency's budgetary estimates.' Contracting Officer's Statement at 1, 3. 'The cost estimates are being withheld from other offerors in the competition.

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