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B-419012,B-419012.2 1 (2020-10-27)

handle is hein.gao/gaobaebwv0001 and id is 1 raw text is: 



GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                   Comptroller General
Washington, DC 20548                                              of the United States

                                             DOCUMENT   FOR PUBLIC RELEASE
                                           The decision issued on the date below was subject to
Decision                                   a GAO Protective Order. This version has been
                                           approved for public release.


Matter of:   Tetra Tech, Inc.

File:     B-419012; B-419012.2

Date:     October 27,   2020

Holly A. Roth, Esq., Elizabeth Leavy, Esq., and William T. Kirkwood, Esq., Reed Smith
LLP, for the protester.
John W. Cox, Esq., Department of State, for the agency.
Heather Self, Esq., and Peter Tran, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

Protest that the agency unreasonably concluded that disclosure of protester's profit
margin information under prior incumbent contract did not violate the Procurement
Integrity Act is denied because the disclosure did not relate to information protected by
the Act and the protester has failed to demonstrate that the disclosure was made
knowingly.
DECISION

Tetra Tech, Inc., of Arlington, Virginia, protests the disclosure of its proprietary
information as part of request for proposals (RFP) No. 19AQMM20R0081, which was
issued by the Department of State for local guard services. Tetra Tech argues that the
agency  improperly disclosed its proprietary information and has failed to mitigate the
competitive disadvantage stemming from the disclosure. Tetra Tech also contends that
the agency failed to conduct a reasonable investigation into whether the disclosure
violated the procurement integrity provisions of the Office of Federal Procurement Policy
Act, 41 U.S.C. §§ 2101-2107, known as the Procurement Integrity Act (PIA).

We  deny the protest.

BACKGROUND

On July 2, 2020, the agency issued the solicitation seeking proposals for the provision
of local guard services at the United States embassy in Lilongwe, Malawi. Agency
Report (AR), Tab 2, RFP at 1, 4. The solicitation contemplated award of a time-and-
materials contract including some fixed-price and cost-reimbursement elements with a

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