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B-298543.2 1 (2006-10-30)

handle is hein.gao/gaocrptasqy0001 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: Maden Technologies File: B-298543.2 Date: October 30, 2006 T. Michael Guiffr6, Esq., Elizabeth M. Gill, Esq., Robert S. Brams, Esq., and James N. Schwarz, Esq., Patton Boggs LLP, for the protester. Paul E. Pompeo, Esq., Joseph P. Hornyak, Esq., and Stuart W. Turner, Esq., Holland & Knight LLP, for Beta Analytics, Incorporated, an intervenor. Mary E. Clarke, Esq., Defense Advanced Research Projects Agency, for the agency. Edward Goldstein, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency reasonably concluded that potential for conflict of interest stemming from awardee's proposed use of a subcontractor who had served as an evaluator for the agency in connection with a previous procurement was mitigated where the subcontractor had signed a non-disclosure agreement in connection with her performance as an evaluator and the agency reasonably found that the subcontractor did not aid the awardee in preparing its proposal other than to submit a subcontract proposal. 2. Protest alleging bait and switch where awardee requested permission from the agency to substitute nine personnel after award is denied where the record does not establish that the awardee knowingly or negligently misrepresented its intent to furnish the nine individuals for whom substitution was sought. DECISION Maden Technologies protests the award of a contract to Beta Analytics, Incorporated (BAI) under solicitation No. HR0011-06-R-0001, issued by the Defense Advanced Research Projects Agency (DARPA) for support services for the Security and Intelligence Directorate, under the Office of Management Operations at DARPA. Maden argues that the agency failed to address an organizational conflict of interest affecting BAI; BAI engaged in a bait and switch by substituting less qualified personnel after award as compared to the more highly qualified personnel identified in its proposal; the agency improperly evaluated Maden's proposal; the discussions

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