About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-420361.6 Mar 09, 2023 1 (2023-03-09)

handle is hein.gao/gaooiv0001 and id is 1 raw text is: 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: TRAX International Corporation
File:     B-420361.6
Date:     March 9, 2023
Daniel P. Graham, Esq., and Tara L. Ward, Esq., McDermott Will & Emery LLP, for the
protester.
J. Hunter Bennett, Esq., Evan R. Sherwood, Esq., Chanda Brown, Esq., and Paul
Rowley, Esq., Covington & Burling LLP, for Engineering Research and Consulting, Inc.,
the intervenor.
Captain Paula F. Barr, Department of the Army, for the agency.
Kenneth Kilgour, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest that the awardee violated the procurement integrity provisions of the Office of
Federal Procurement Policy Act, 41 U.S.C. §§ 2101-07, is dismissed as legally and
factually insufficient where the protester's allegations, even if unrebutted, fail to
establish a violation of law by the agency.
DECISION
TRAX International Corporation, of Las Vegas, Nevada, protests the award of a contract
to Engineering Research and Consulting, Inc. (ERC), of Huntsville, Alabama, under
request for proposals (RFP) No. W91 CRB-21 -R-001 6, for Aberdeen Test Support
Services (ATSS) at the Aberdeen Test Center at Aberdeen Proving Ground, Maryland.
TRAX contends that the Army failed to conduct a reasonable investigation of ERC's
alleged violation of the integrity provisions of the Office of Federal Procurement Policy
Act, 41 U.S.C. §§ 2101-07 (hereinafter, the Procurement Integrity Act, PIA, or the Act),
despite evidence that ERC personnel, who would be expected to be involved in
competitive decision making for ERC in this procurement, had improper access to
TRAX's bid or proposal information.

We dismiss the protest.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most