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B-299522.5,B-299522.6 1 (2008-12-30)

handle is hein.gao/gaobadart0001 and id is 1 raw text is: 


   I

         G    A     0Comptroller General
KA     Accountability * Integrity * Reliability                      of the United States
United States Government Accountability Office       DOCUMENT   FOR PUBLIC RELEASE
Washington, DC 20548                                The decision issued on the date below was subject to a
                                                    GAO Protective Order. This redacted version has been
                                                    approved for public release.

          Decision

          Matter of:  Nortel Government Solutions, Inc.

          File:       B-299522.5; B-299522.6

          Date:       December 30, 2008

          James J. Regan, Esq., Daniel R. Forman, Esq., John E. McCarthy, Jr., Esq., Puja
          Satiani, Esq., and Jonathan M. Baker, Esq., Crowell & Moring LLP, for the protester.
          John S. Pachter, Esq., D. Joe Smith, Esq., Jonathan D. Shaffer, Esq., and Mary Pat
          Gregory, Esq., Smith Pachter McWhorter PLC, for Systems Research and
          Applications Corporation, an intervenor.
          James E. Hicks, Esq., Drug Enforcement Administration, for the agency.
          Paul E. Jordan, Esq., and David A. Ashen, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          Where offeror will be required to review and provide input on designs proposed by
          itself under separate contract with same agency, agency unreasonably failed to
          determine the extent of offeror's organizational conflict of interest (OCI) and
          unreasonably concluded that offeror's mitigation plan was acceptable, where it did
          not avoid, mitigate, or neutralize the OCI and instead relied on agency's existing
          process that made government responsible for final decisions.
          DECISION

          Nortel Government Solutions, Inc. (NGS) of Fairfax, Virginia, protests the award by
          the Drug Enforcement Administration (DEA), Department of Justice, of a contract to
          Systems Research and Applications Corporation (SRA) of Fairfax, Virginia, under
          request for proposals (RFP) No. DEA-06-R-0013, for enterprise management services
          (EMS) in support of DEA's information technology (IT) infrastructure. NGS asserts
          that the agency failed to properly consider SRA's potential organizational conflict of
          interest (OCI) and challenges the evaluation of proposals.


We sustain the protest.

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