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B-401068.4,B-401068.5 1 (2010-09-09)

handle is hein.gao/gaobadbmn0001 and id is 1 raw text is: 




         G     A     0                                                 Comptroller General
       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:  CIGNA  Government  Services, LLC

          File:        B-401068.4, B-401068.5

          Date:        September 9, 2010

          Craig A. Holman, Esq., Mark D. Colley, Esq., Kara L. Daniels, Esq., Dominique L.
          Castro, Esq., and William S. Speros, Esq., Arnold & Porter LLP, for the protester.
          W. Jay DeVecchio, Esq., Kevin C. Dwyer, Esq., Marc A. Van Allen, Esq., Daniel E.
          Chudd, Esq., Damien C. Specht, Esq., and Shaun M. Van Horn, Esq., Jenner & Block
          LLP, for Palmetto GBA, LLC, the intervenor.
          Christine Simpson, Esq., Jamie B. Insley, Esq., Anthony E. Marrone, Esq., and
          Jeffri Pierre, Esq., Department of Health and Human Services, for the agency.
          Glenn G. Wolcott, Esq., and Sharon L. Larkin, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          1. Contracting officer's determination that awardee's activities, and access to
          information, in connection with performing contracts related to implementation of
          agency's new accounting system did not create organizational conflicts of interest
          (OCI) was not unreasonable where the determination was based on consideration of
          awardee's responses to specific questions regarding its activities and access to
          information; consideration of input from agency personnel knowledgeable of, and
          responsible for, the new accounting system; and consideration of the contracting
          officer's own independent internet research.

          2. Protest challenging agency's waiver of an OCI is denied where, in accordance
          with requirements of the Federal Acquisition Regulation, waiver request detailed the
          extent of the conflict and authorized agency official determined that waiver was in
          the government's interest.

          3. Agency's communications with awardee regarding OCI mitigation strategies,
          following submission of final revised proposals, did not constitute discussions or
          require that discussions be conducted with other offerors.

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