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B-412460.2 1 (2016-02-10)

handle is hein.gao/gaobadrwv0001 and id is 1 raw text is: G A O Comptroller General Accountabilty * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: NMR Consulting, Inc. File: B-412460.2 Date: February 10, 2016 Antonio R. Franco, Esq., Michelle E. Littlekin, Esq., Patrick Rothwell, Esq., and Jacqueline K. Unger, Esq., Piliero Mazza PLLC, for the protester. Major Christopher Cross, Department of the Army, for the agency. Scott H. Riback, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Request that Government Accountability Office recommend that agency reimburse protester the costs associated with filing and pursuing a protest is denied where agency took prompt corrective action by the deadline for submitting the agency report, and protest was not clearly meritorious. DECISION NMR Consulting, Inc. requests that we recommend that the Department of the Army pay the costs associated with its filing and pursuing a protest, including reasonable attorneys' fees, challenging the agency's exclusion of the firm from competition under solicitation No. PKH-15-21746, issued to acquire information technology support services. We deny the request. NMR filed a protest in our Office on November 13, 2015 challenging the agency's decision to exclude the firm from consideration under the subject acquisition based on an alleged conflict on the part of the company. Specifically, the agency initially excluded the firm from the competition because its president is married to the Deputy Director of the Defense Occupational and Environmental Health Readiness System Industrial Hygiene Enterprise Sustainment program, which is the acquiring activity. On December 14, the date on which the agency's report in the protest was due, the agency advised our Office that it intended to take corrective action in response to

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