The agency excluded the protester from the competition due to organizational conflicts of interest (OCI). The agency said there was at least the appearance of an OCI because the protester had another contract that gave it unequal – early – access to FEMA information for time-sensitive requirements. The protester also appeared to have an impaired objectivity OCI because its other contract required the protester to maintain a competitor’s equipment as well as its own giving rise to the possibility that they may report more repair needs for the competitor generators. The protester objected, but GAO denied the protest.
While this protest relates to the purchase of emergency generators, it illustrates the challenges of mitigating unequal access to procurement-sensitive information when “…even the appearance of an unfair competitive advantage may compromise the integrity of the procurement process….” Further, the impaired objectivity conflict is difficult to mitigate even when the government client must review and approve recommendations.
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