Abt Associates, Inc., B-294130, August 11, 2004

B-294130 Aug 11, 2004 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Abt Associates, Inc. protests the award of a contract to TCG International, LLC under request for proposals (RFP) No. 386-04-001, issued by the Agency for International Development (AID) to procure technical assistance to India for Phase III of the Financial Institutions Reform and Expansion (Debt Market) (FIRE-DIII) program. Abt asserts that TCGI was ineligible for award due to an organizational conflict of interest based on its previous preparation of a project evaluation and design document for the agency, which, Abt alleges, was incorporated into the statement of work for the FIRE-D III solicitation. We dismiss the protest as untimely. View Decision B-294130, Abt Associates, Inc., August 11, 2004 DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Matter of: Abt Associates, Inc. File: B-294130 Date: August 11, 2004 Robert Sonenthal, Esq., Sonenthal and Overall, for the protester. Kenneth A. Martin, Esq., Martin & Associates, for TCG International, LLC, an intervenor. Diane A. Perone, Esq. and John Alumbaugh, Esq., Agency for International Development, for the agency. Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Post-closing time protest that awardee has an impermissible organizational conflict of interest (OCI) is untimely where (1) solicitation was issued on an unrestricted basis and included document on which the OCI allegation is based, (2) protester knew awardee was participating in the procurement, and (3) in response to protester's inquiry, agency specifically informed protester that it did not believe awardee had an impermissible OCI. DECISION Abt Associates, Inc. protests the award of a contract to TCG International, LLC under request for proposals (RFP) No. 386-04-001, issued by the Agency for International Development (AID) to procure technical assistance to India for PhaseIII of the Financial Institutions Reform and Expansion (Debt Market) (FIRE-DIII) program. Abt asserts that TCGI was ineligible for award due to an organizational conflict of interest based on its previous preparation of a project evaluation and design document for the agency, which, Abt alleges, was incorporated into the statement of work for the FIRE-D III solicitation. We dismiss the protest as untimely. The FIRE-D program was established pursuant to a grant from AID to the Government of India's Department of Economic Affairs, Ministry of Finance. Two 5-year contracts were previously awarded for technical assistance under the FIRE-D program, one in 1994 (FIRE-D I) and one in 1999 (FIRE-D II). Prior to issuing the current solicitation for FIRE-D III, AID awarded a task order to TGCI to conduct an assessment and analysis on Urban Water-Sanitation Delivery Status and Resource Mobilization & Allocation for Urban Local Bodies in India. The agency issued the FIRE-D III solicitation on October 15, 2003, with a December1 closing date for receipt of proposals. The assessment prepared by TGCI was included in the RFP as an attachment. Agency Report at 23. Prior to December 1, a representative of Abt contacted the AID [DELETED] to inquire whether TGCI had an OCI by virtue of its preparation of the assessment. Declaration of [DELETED], [DELETED]. The [DELETED] informed Abt that the agency did not believe that TGCI had an OCI and that the firm would be permitted to compete for the contract award. Id. Subsequently, Abt again raised the issue of the alleged OCI with the [DELETED], who again informed Abt, prior to December 22, that no OCI existed. Id. Abt participated in the procurement, and filed this protest raising the OCI issue after TGCI was selected for award. According to Abt, the assessment performed by TGCI formed a substantial part of the statement of work, and thus created an OCI that precludes TGCI from receiving the award. As a general rule, a protester is not required to protest that another firm has an impermissible OCI until that firm has been selected for award. REEP, Inc. , B-290688, Sept. 20, 2002, 2002 CPD 158 at 1-2. A different rule applies, however, where a solicitation is issued on an unrestricted basis, the protester is aware that a potential offeror has participated in developing the project and is participating in the competition, and the protester has been advised by the agency that it considers the potential offeror eligible for award. International Sci. and Tech. Inst., Inc. , B-259648, Jan. 12, 1995, 95-1 CPD 16 at 3-4; see CDR Enters., Inc. , B-293557, Mar.26, 2004, 2004 CPD 46 at 3 n.1. In such cases, the protester cannot wait until an award has been made to file its protest, but instead must protest before the closing date for receipt of proposals. International Sci. and Tech.