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B-421568,B-421568.2 Jul 03, 2023 1 (2023-07-03)

handle is hein.gao/gaooxq0001 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


Decision                                       DOCUMENT  FOR PUBLIC RELEASE

Matter of:   MPZA,  LLC                      The decision issued on the date below was subject to
                                             a GAO Protective Order. This redacted version has
                                             been approved for public release.
File:        B-421568; B-421568.2               -                    ----------

Date:        July 3, 2023

Edward  J. Tolchin, Esq., Offit Kurman, for the protester.
James  Y. Boland, Esq, Michael T. Francel, Esq., and Emily R. Marcy, Esq., Venable
LLP, for Eagle Harbor, LLC, the intervenor.
Nathan  E. Mires, Esq., Department of Justice, for the agency.
Heather Self, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

1. Protest challenging agency's price evaluation is sustained where agency's price
analysis is inadequately documented such that we are unable to review the evaluation
to determine whether it was reasonable.

2. Protest challenging agency's determination that the awardee did not have a
disqualifying organizational conflict of interest is denied where protester fails to present
hard facts indicating the existence of a conflict where the contracting officer reasonably
found that no conflict existed.

3. Protest that awardee had unfair competitive advantage stemming from hiring of a
former agency employee  is denied where the employee was not involved in the
development  of either the solicitation or the awardee's proposal in response to the
solicitation.
DECISION

MPZA,  LLC,1 a small disadvantaged business of Gaithersburg, Maryland, protests the
award of a contract to Eagle Harbor, LLC, a small disadvantaged business of
Anchorage, Alaska, under request for proposals (RFP) No. 155A00021 R00000101,
issued by the Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms, and
Explosives (ATF) for information technology (IT) support services. The protester


1 Various members  of MPZA's team and proposed  subcontractors are performing the
incumbent contract. Protest at 3-4. For ease of reference, we refer to MPZA, itself, as
the incumbent contractor, rather than delineating the various team member and
subcontractor relationships, which are not relevant to our discussion of issues.

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