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B-422725 Oct 15, 2024 1 (2024-10-15)

handle is hein.gao/gaoqzc0001 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: WSP USA, Inc. File: B-422725 Date: October 15, 2024 Amy C. Hoang, Esq., Zachary F. Jacobson, Esq., and Sarah E. Barney, Esq., Seyfarth Shaw LLP, for the protester. Ashley L. Peskoe, Esq., Defense Logistics Agency, for the agency. Uri R. Yoo, Esq., and Alexander 0. Levine, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency unreasonably excluded protester from competition on the basis of unequal access to information and impaired objectivity organizational conflicts of interest is denied where the contracting officer reasonably concluded that the protester's performance under a related contract created the appearance of an unfair competitive advantage. DECISION WSP USA Solutions, Inc., of Exton, Pennsylvania, protests its exclusion from the competition under request for proposals (RFP) No. SPE8EJ-23-R-0001, issued by the Defense Logistics Agency (DLA) for the rapid deployment of leased or rented generator sets to support the Federal Emergency Management Agency's (FEMA) disaster relief operations. The protester challenges the agency's decision to exclude WSP from the competition due to organizational conflicts of interest (OCIs) arising from WSP's work under a contract with the U.S. Army Corps of Engineers (Corps) for related services, and argues that the agency conducted a flawed and unreasonable OCI analysis. We deny the protest. BACKGROUND DLA Troop Support provides supplies, equipment, and supply-related services to the United States military worldwide and to a number of government partners. Contracting Officer's Statement and Memorandum of Law (COS/MOL) at 2. Under its construction and equipment supply chain responsibilities, DLA administers the FEMA generator

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