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
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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 ********************************************************************** 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.

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