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B-406100,B-406100.2 1 (2012-02-08)

handle is hein.gao/gaobadopn0001 and id is 1 raw text is: I QA 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. L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - i Decision Matter of: McTech Corporation File: B-4061 00; B-406100.2 Date: February 8, 2012 Hilary S. Cairnie, Esq., Udyogi A. Hangawatte, Esq., and Andrene Smith, Esq., Baker & Hostetler LLP, for the protester. Charles L. Webster III, Esq., Department of the Army, for the agency. Katherine I. Riback, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency reasonably concluded that the protester had an organizational conflict of interest and properly eliminated it from the competition under a solicitation for the award of a construction contract, where the agency found that the close relationship between the protester and the designer of the construction project constituted an apparent conflict of interest that created the appearance of an unfair competitive advantage. 2. Protester's contention that information not considered by the contracting officer in the initial determination that the protester had an organizational conflict of interest (OCI) cannot be considered by GAO in resolving a protest challenging this determination is denied because an agency may provide further information and analysis regarding the existence of an OCI at any time during the course of a protest, and GAO will consider such information in determining whether the contracting officer's OCI determination is reasonable. DECISION McTech Corporation, of Cleveland, Ohio, protests its exclusion from the competition under request for proposals (RFP) No. W9126G-1 1 -R-01 28, issued by the Department of the Army, U.S. Army Corps of Engineers, for the construction of dormitories, a conference center, and related improvements at the Department of Homeland Security's (DHS) Training Center, located in Harpers Ferry, West Virginia. The agency excluded McTech from the competition based on the contracting officer's (CO) determination that McTech had an organizational conflict of interest (OCI). McTech contends that the CO's determination was unreasonable.

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