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B-293557 1 (2004-03-26)

handle is hein.gao/gaocrptapll0001 and id is 1 raw text is: G A 0 Comptroller General SIntegrity Reliability of the United States ~ccountabthty Inert Rea iy United States General Accounting 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: CDR Enterprises, Inc. File: B-293557 Date: March 26, 2004 Cynthia Malyszek, Esq., Malyszek & Malyszek, for the protester. Kay Bushman, Esq., Defense Energy Support Center, for the agency. Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency properly concluded that there was no organizational conflict of interest on the part of the firm in line for award where the firm was not involved in creation of the solicitation's statement of work (SOW); SOW was not essentially derived from materials furnished by the firm; and the firm did not play a role in the source selection process. DECISION CDR Enterprises, Inc. protests the award of a contract to Air Liquide America L. P. under request for proposals (RFP) No. SP0600-03-R-0336, issued by the Defense Logistics Agency, Defense Energy Support Center (DESC), for repair of the cathodic protection system for the gaseous nitrogen pipeline at Vandenberg Air Force Base (AFB), California. CDR contends that Air Liquide should have been excluded from the competition because it was involved in creating, and authored a report required to be read in conjunction with, the RFP's statement of work and because it had a direct oversight relationship to the protester during the selection process. We deny the protest. BACKGROUND Air Liquide holds a contract for the supply of gaseous nitrogen (GN2) through a government-owned pipeline to end users on Vandenberg AFB. The pipeline extends from a nitrogen plant to space launch complex 3 (the SLC-3 branch), space launch complex 4 (the SLC-4 branch), and space launch complex 6 (the SLC-6 branch). Pursuant to its contract, Air Liquide is required to perform semi-annual inspections of the pipeline cathodic protection system and to notify the contracting officer of

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