B-298099.4; B-298099.5, Overlook Systems Technologies, Inc., November 28, 2006

B-298099.4; B-298099.5, Overlook Systems Technologies, Inc., November 28, 2006 TITLE: B-298099.4; B-298099.5, Overlook Systems Technologies, Inc., November 28, 2006 BNUMBER: B-298099.4; B-298099.5 DATE: November 28, 2006 ****************************************************************************** B-298099.4; B-298099.5, Overlook Systems Technologies, Inc., November 28, 2006 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. Decision Matter of: Overlook Systems Technologies, Inc. File: B-298099.4; B-298099.5 Date: November 28, 2006 Drew A. Harker, Esq., Jennifer A. Frericks, Esq., Joan G. Ochs, Esq., Matthew H. Solomson, Esq., and Chad E. Miller, Esq., Arnold & Porter, for the protester. Jessica C. Abrahams, Esq., and Jeniffer M. De Jesus Roberts, Esq., McKenna Long & Aldridge, for LinQuest Corporation, an intervenor. Michael J. O'Farrell, Jr., Esq., and Maj. Stacie A. Remy, Department of the Air Force, for the agency. Ralph O. White, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protester's contention that the agency failed to adequately mitigate the risk of organizational conflicts of interest (OCI) associated with the selection of the awardee is denied where the record shows that: the contracting officer reasonably concluded that the risk of a conflict of interest in this procurement is not great; the agency requested a detailed OCI mitigation plan from the awardee and sought additional information about, and modifications to, the plan; and the contracting officer reasonably concluded, after performing a detailed analysis, that the modified plan--together with certain steps designed to increase agency oversight of the contractor--was sufficient to protect the government's interest. 2. Protester's contention that the agency improperly held discussions with only the awardee while exchanging information about the adequacy of the awardee's plan to mitigate the risk of an OCI, and thus should have held discussions with the protester as well, is denied; a contracting officer's consideration of whether a contractor is eligible for award despite an OCI is analogous to a responsibility determination, and the exchanges here--like a request for information that relates to an offeror's responsibility, rather than proposal evaluation--did not constitute discussions. DECISION Overlook Systems Technologies, Inc. renews its protest of the award of a contract to LinQuest Corporation by the Department of the Air Force pursuant to request for proposals (RFP) No. FA2550-05-R-2000, issued to procure support services for the Global Positioning System Operations Center located at Schriever Air Force Base (AFB), Colorado. This protest follows corrective action taken by the Air Force earlier this year in response to Overlook's contention that the Air Force failed to properly assess an organizational conflict of interest (OCI) presented by the award to LinQuest. The Air Force has now completed its review of the alleged OCI and reaffirmed its earlier selection decision. In response, Overlook again argues that the LinQuest mitigation plan does not adequately address the OCI here. In addition, Overlook argues that the agency's evaluation of LinQuest's past performance was unreasonable, the selection decision was improper, and exchanges with LinQuest regarding the OCI issue constituted discussions that also should have been held with Overlook. We deny the protest. BACKGROUND The Global Positioning System (GPS) is a satellite-based position, velocity, and timing information system that broadcasts simultaneously to an unlimited number of military and civilian users based on land and in space. RFP, Statement of Work (SOW), at 3. The GPS Operations Center (GPSOC) monitors and analyzes the GPS satellite signal 24 hours per day, 7 days a week, "to ensure optimal data, products and services support to GPS users." Id. Since 1999, Overlook has been the contractor supporting the GPSOC. On December 22, 2005, the Air Force issued the RFP here to hold a competition for these services, limited to small businesses. The RFP anticipated the award of a fixed-price incentive fee contract for a 6-month base period, followed by four 1-year options, to the offeror whose proposal presented the best value to the government "based upon a trade-off between past performance and price." RFP at 54. In this tradeoff, the RFP advised that past performance would be "significantly more important" than price. Id. at 53.