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B-299758.2 1 (2007-08-01)

handle is hein.gao/gaocrptaugh0001 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: Business Consulting Associates, LLC File: B-299758.2 Date: August 1, 2007 J. Scott Hommer, III, Esq., Peter A. Riesen, Esq., Keir X. Bancroft, Esq., and Patrick R. Quigley, Esq., Venable LLP, for the protester. Philip M. Musolino, Esq., Musolino & Dessel, for MacArthur & Baker International, Inc., d/b/a MBI Consulting, an intervenor. Jud E. McNatt, Esq., Department of Housing & Urban Development, for the agency. Sharon L. Larkin, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency reasonably concluded that the protester's and awardee's proposals were technically equivalent, such that price became the discriminator in the award selection. 2. Protest that agency unreasonably accepted the awardee's mitigation plan for a potential impaired objectivity organizational conflict of interest (OCI) is denied, where only one of the team members (a subcontractor) had a potential OCI, only a small portion of the work was affected, and the agency reasonably determined that awardee's plan to transfer the affected work to the other team member (the prime contractor awardee), which was fully capable of performing the work independently of the team member with an OCI, was acceptable. DECISION Business Consulting Associates, LLC (BCA), protests the award of a contract issued by the Department of Housing & Urban Development (HUD) to MacArthur & Baker International, Inc. d/b/a/ MBI Consulting (MBI) under request for proposals (RFP) No. R-ATL-01867, which was set aside for firms qualified under the Small Business Administration's (SBA) section 8(a) program, for post-closing portfolio management support services. BCA contends that the agency misevaluated proposals, including the awardee's apparent organizational conflict of interest (OCI). We deny the protest.

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