Science Applications International Corporation, B-293601; B-293601.2; B-293601.3, May 3, 2004
Case: B-293601
Agency:
Protester: Science Applications International Corporation, B
Date: 2004-05-03
Sustained
Science Applications International Corporation, B-293601; B-293601.2; B-293601.3, May 3, 2004
TITLE: Science Applications International Corporation, B-293601; B-293601.2; B-293601.3, May 3, 2004
BNUMBER: B-293601; B-293601.2; B-293601.3
DATE: May 3, 2004
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Science Applications International Corporation, B-293601; B-293601.2;
B-293601.3, May 3, 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.
Decision
Matter of: Science Applications International Corporation
File: B-293601; B-293601.2; B-293601.3
Date: May 3, 2004
James J. McCullough, Esq., Deneen J. Melander, Esq., Steven A. Alerding,
Esq., and Abram J. Pafford, Esq., Fried, Frank, Harris, Shriver &
Jacobson, for the protester.
Thomas L. McGovern, III, Esq., Michael J. Vernick, Esq., and Todd R.
Overman, Esq., Hogan & Hartson, for Lockheed Martin Services, Inc., an
intervenor.
Jonathan S. Baker, Esq., Environmental Protection Agency, for the agency.
Glenn G. Wolcott, Esq., and Michael R. Golden, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
Where agency acknowledges that awardee*s substantial involvement in
activities that are subject to environmental regulations could create a
conflict of interest in performing certain tasks contemplated by the
solicitation*s scope of work, and agency gave no consideration to the
impact of such potential conflicts in selecting awardee*s proposal for
contract award, agency failed to comply with Federal Acquisition
Regulation requirement that it *identify and evaluate potential
organizational conflicts of interest.*
DECISION
Science Applications International Corporation (SAIC) protests the U.S.
Environmental Protection Agency*s (EPA) award of a contract to Lockheed
Martin Services, Inc. under request for proposals (RFP) No. PR-HQ-02-11750
to perform various tasks, including those related to systems development,
data management, training, statistical services, and scientific
applications. SAIC protests that the agency failed to properly consider
Lockheed Martin*s potential organizational conflicts of interest.
We sustain the protest.
BACKGROUND
The solicitation at issue here was published on May 21, 2003 and
contemplated award of an indefinite-delivery/indefinite-quantity contract,
under which cost-reimbursement and fixed-price task orders will be
issued.[1] The solicitation stated that task orders will be issued for *a
wide variety* of systems engineering services, to be performed at various
locations, *to assist [EPA] in meeting its strategic objectives and
responsibilities under Federal legislation and executive orders.* RFP at
C-2, C-3. More specifically, section C of the RFP listed various *task
areas,* including *systems development, maintenance, and operation,*
*application security support,* *IT architectural support,* *data
management support,* *training,* *statistical services,* *geographic
information systems (GIS) support,* *high performance computing (HPC) and
visualization support,* and *scientific application and computational
science support.* RFP at C-7 through C‑10.
For each task area identified, the solicitation provided a more expansive
description of the particular activities contemplated. For example, with
regard to *statistical services,* the solicitation stated that that the
contractor will: *Develop surveys, samples, and questionnaires and
related documentation.* RFP at C-9. Similarly, with regard to the task
area entitled *scientific application, visualization and computational
science support,* the RFP provided that the contractor will: *Provide
environmental modeling and application development; molecular modeling and
computational modeling; numerical algorithms and verification; code
optimizing, porting, tuning, and vectorizing; trouble shooting; parallel
computing; cluster porting; statistical analysis; data mining and large
scale statistical analysis; information engineering; and other scientific
application support.* RFP at C-10.
Section C of the RFP identified the agency*s overall objectives related to
performance of this contract. Among other things, this portion of the
solicitation stated that the agency intends to *[d]evelop a full
partnership relationship with the Offeror,* which will, among other
things, result in *significant business growth.* RFP at C-3.
Full decision text continues on ProtestIntel...