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B-293105.18 1 (2006-01-17)

handle is hein.gao/gaocrptasla0001 and id is 1 raw text is: A G A O 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. Decision Matter of: Greenleaf Construction Company, Inc. File: B-293105.18; B-293105.19 Date: January 17, 2006 Margaret A. Dillenburg, Esq.; Alexander Brittin, Esq.; and Jonathan D. Shaffer, Esq., Smith, Pachter, McWhorter & Allen, for the protester. James S. DelSordo, Esq., and Russell J. Gaspar, Esq., Cohen Mohr, for Chapman Law Firm Company, LPA, an intervenor. R. Rend Dupuy, Esq., Department of Housing and Urban Development, for the agency. David A. Ashen, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Department of Housing and Urban Development's evaluation of awardee's proposal for contract to provide single-family home management and marketing services was unreasonable where it was based on awardee's proposal of key personnel and an electronic monitoring system that awardee should have known-- more than 2 months prior to final evaluation and award--would not be available, and awardee never advised agency of the material change in circumstances. 2. Protest is sustained where Department of Housing and Urban Development failed to reasonably consider or evaluate potential organizational conflict of interest arising due to the fact that the owner of the management and marketing (M&M) services contractor in Ohio will be receiving payments from the owner of the closing agent contractor for Ohio, the activities of which the M&M contractor will oversee. 3. Affirmative determination of awardee's financial responsibility was not reasonable where, despite knowing awardee had sold an affiliated company, contracting officer nevertheless based responsibility determination on financial capability assessment by Defense Contract Audit Agency that was based in significant measure on financial resources of company that had been sold. DECISION Greenleaf Construction Company, Inc. protests the Department of Housing and Urban Development's (HUD) award of a contract to Chapman Law Firm Company,

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