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B-287052 1 (2001-03-27)

handle is hein.gao/gaocrptamol0001 and id is 1 raw text is: G A O0 Comptroller General A a * Integrity Reliability of the United States ~ccountabthty Inert Rea iy United States General Accounting Office Washington, DC 20548 Decision Matter of: Government Business Services Group File: B-287052; B-287052.2; B-287052.3 Date: March 27, 2001 Michael A. Hordell, Esq., and Laura L. Hoffman, Esq., Kilpatrick Stockton, for the protester. Drew A. Harker, Esq., and Mark E. DeWitt, Esq., Arnold & Porter, for US Investigations Service, Inc., an intervenor. Kathie Ann Whipple, Esq., and Sandra K. Scholar, Esq., Office of Personnel Management, for the agency. Aldo A. Benejam, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. General Accounting Office (GAO) will not review contention that contracting agency is required under the Freedom of Information Act (FOIA) to provide protester copies of certain operation manuals and processing instructions the agency developed and placed in reading rooms for offerors to review in connection with solicitation to acquire background investigations services, because GAO has no authority under FOIA regarding the release of documents in the possession of an agency. Protester must pursue the remedy it seeks under the disclosure remedies of FOIA. 2. Allegation that solicitation's restriction on photocopying documents the agency developed and placed in reading rooms for offerors to review is unduly restrictive of competition is denied, where offerors were permitted to view the documents at issue for at least 2 weeks prior to closing, and when viewed together with the information the agency provided with the solicitation, the agency provided sufficient information for offerors to compete intelligently and on an equal basis. 3. Protest that offeror under solicitation for background investigation services has an organizational conflict of interest that renders that firm ineligible for award is dismissed as premature where contracting agency has made no final determination regarding the status or eligibility of the offeror.

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