Detica – b-400523 (Dec. 2, 2008)


Business Consulting Associates, B-299758.2 (August 1, 2007)



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Business Consulting Associates, B-299758.2 (August 1, 2007)

The issue here is whether the agency reasonably considered the awardee’s proposed mitigation plan. Once an agency has given meaningful consideration to potential conflicts of interest, our Office will not sustain a protest challenging a determination in this area unless the determination is unreasonable or unsupported by the record. Overlook Sys. Techs., Inc., B-298099.4, B-298099.5, Nov. 28, 2006, 2006 CPD para. 185 at 16. In this regard, contracting officer’s are allowed to exercise “common sense, good judgment, and sound discretion” in assessing whether a potential conflict exists and in developing appropriate ways to address it. FAR sect. 9.505; Epoch Eng’g, Inc., B‑276634, July 7, 1997, 97-2 CPD para. 72 at 5. Here, the agency conducted extensive discussions with each offeror about the potential OCIs and the details of each offeror’s proposed mitigation plan. As a result of these discussions, the agency reasonably determined the plans to be “similar.” We have found, in other “impaired objectivity” OCI situations, that subcontracting or transferring work to a separate entity, and establishing a firewall around the impaired entity, can reasonably mitigate these types of OCIs. Deutsche Bank, B‑289111, Dec. 12, 2001, 2001 CPD para. 210 at 4; see also Alion Sci. & Tech. Corp., B‑297022.4, B‑297022.5, Sept. 26, 2006, 2006 CPD para. 146 at 10; Epoch Eng’g, Inc., supra, at 6. Given that the agency thoroughly considered the parties’ potential OCIs and proposed mitigation plans, we find unobjectionable the agency’s determination that MBI’s mitigation plan adequately mitigated the potential OCI.



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