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B-420857.6,B-420857.7 Jan 10, 2024 1 (2024-01-10)

handle is hein.gao/gaopsq0001 and id is 1 raw text is: 



                    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:   Associated Energy Group, LLC

File:     B-420857.6; B-420857.7

Date:     January 10,   2024

Todd J. Canni, Esq., Stephen E. Ruscus, Esq., Kevin T. Barnett, Esq., Kevin N. Dorn,
Esq., and Kaitlyn E. Toth, Esq., Baker Hostetler LLP, for the protester.
Craig A. Holman, Esq., Kara L. Daniels, Esq., and Thomas A. Pettit, Esq., Arnold
& Porter Kaye Scholer LLP, for Kropp Holdings, Inc., the intervenor.
Steven M. Sosko, Esq., and Celia M. DePaolis, Esq., Department of Defense, for the
agency.
Michael P. Grogan, Esq., and Evan D. Wesser, Esq., Office of the General Counsel,
GAO,  participated in the preparation of the decision.
DIGEST

1. Protest alleging that the agency's disclosure to another offeror of an internal agency
memorandum violated  the Office of Federal Procurement Policy Act, 41 U.S.C.
§§ 2101-2107, or gives the offeror an unfair competitive advantage, is denied where the
record demonstrates the agency's disclosure was not knowingly made, and the
agency's conclusions regarding the lack of competitive usefulness of the information
were reasonable.

2. Protest challenging the agency's decision to allow offerors to revise any parts of their
proposals as part of its corrective action is denied where the agency's decision was
reasonable and consistent with the discretion afforded to agencies when taking
corrective action.
DECISION

Associated Energy Group, LLC (AEG), of Miami, Florida, protests the scope of the
Department of Defense, Defense Logistics Agency's (DLA) corrective action, taken in
response to a previous protest by Kropp Holdings, Inc. (KHI), of Overland Park, Kansas,
in connection with request for proposals (RFP) No. SPE608-21-R-0203, issued for
commercial payment  card solutions and transaction processing services. The protester
contends that DLA violated the Office of Federal Procurement Policy Act, 41 U.S.C.
§§ 2101-2107 (hereinafter, the Procurement Integrity Act or PIA) when it released
Procurement  Integrity Act protected information to KHI, and the agency's decision to allow

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