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B-405152,B-405152.2,B-405152.3 1 (2011-09-02)

handle is hein.gao/gaobadbxy0001 and id is 1 raw text is: JlL A , G A O Comptroller General 7A Accountabiity * 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: Enterprise Information Services, Inc. File: B-405152; B-405152.2; B-405152.3 Date: September 2, 2011 Alexander J. Brittin, Esq., Brittin Law Group, PLLC, and Jonathan D. Shaffer, Esq., and Armani Vadiee, Esq., Smith Pachter McWhorter PLC, for the protester. Kenneth D. Brody, Esq., and Thomas K. David, Esq., David, Brody & Dondershine, LLP, for Superlative Technologies, Inc., the intervenor. Marvin K. Gibbs, Esq., Department of the Air Force, for the agency. Jonathan L. Kang, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Challenge to the evaluation of the protester's quotation as unacceptable is denied where the protester's failure to respond to one of the performance work statement requirements was based on the protester's unreasonable interpretation of the solicitation as permitting vendors to not address optional requirements. 2. Protest that the awardee's subcontractor had an unmitigated unequal access to information organizational conflict of interest is denied where the record shows that, although the contracting officer did not follow the requirements of the Federal Acquisition Regulation to ensure that contractors enter into non-disclosure agreements with other contractors to prevent competitive harm arising from disclosures of information, there was no competitive prejudice to the protester because the contracting officer obtained different kinds of non-disclosure agreements from the awardee's subcontractor's personnel, which provided adequate protections of the protester's confidential and proprietary information. 3. Protest that the awardee's subcontractor had an unmitigated impaired objectivity organizational conflict of interest arising from its contract with the procuring agency is denied where the record shows that the contracting officer investigated the matter and determined that the subcontractor's work under its contract did not involve the subject matter implicated by the protested procurement.

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