Science Applications International Corporation, B-293601.5, September 21, 2004

B-293601.5 Sep 21, 2004 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Science Applications International Corporation (SAIC) protests the corrective action taken by the U.S. Environmental Protection Agency (EPA) in response to this Office's decision in Science Applications Int'l Corp., B-293601 et al., May 3, 2004, 2004 CPD 96, wherein we sustained SAIC's earlier protest challenging the award of a contract to Lockheed Martin Services, Inc. pursuant to request for proposals (RFP) No. PR-HQ-02-11750. SAIC protests that the agency's corrective actions are insufficient to address the procurement flaws identified in our earlier decision. We deny the protest. View Decision B-293601.5, Science Applications International Corporation, September 21, 2004 Decision Matter of: Science Applications International Corporation File: B-293601.5 Date: September 21, 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 previously failed to give any consideration to potential conflicts of interest between awardee's performance of contract requirements and awardee's involvement in environmentally-regulated activities, agency's corrective actions adequately remedy prior procurement flaws where agency has reviewed additional information regarding the ongoing, environmentally-regulated activities of the awardee, has considered that information in the context of the scope of work reasonably contemplated under this contract, and has procedures in place for the agency's independent assessment of potential conflicts between each task order's requirements and the awardee's ongoing activities. DECISION Science Applications International Corporation (SAIC) protests the corrective action taken by the U.S. Environmental Protection Agency (EPA) in response to this Office's decision in Science Applications Int'l Corp., B-293601 et al., May 3, 2004, 2004 CPD 96, wherein we sustained SAIC's earlier protest challenging the award of a contract to Lockheed Martin Services, Inc. pursuant to request for proposals (RFP) No. PR-HQ-02-11750. SAIC protests that the agency's corrective actions are insufficient to address the procurement flaws identified in our earlier decision. We deny the protest. BACKGROUND The solicitation at issue here was released in May 2003 and sought proposals to provide various systems engineering services to be performed in identified "task areas." [1] The solicitation identified various cost and non-cost evaluation factors, and provided that award would be based on the proposal offering the best value to the government. As part of the non-cost evaluation factors, offerors were required to submit a "corporate conflict of interest plan" to be evaluated on a pass/fail basis, but were advised that such plans need not be "contract or program specific." RFPatM4. Proposals were submitted by five offerors, including Lockheed Martin and SAIC. Based on the agency's evaluation of cost and non-cost factors, Lockheed Martin's proposal was selected for award in January 2004. Thereafter, SAIC filed a protest with our Office. [2] Among other things, SAIC's protest challenged the award decision on the basis that the agency failed to properly consider potential organizational conflicts of interests created by the involvement of Lockheed Martin affiliates in performing various activities, nationwide, that are subject to environmental regulations. [3] In defending against SAIC's earlier protest, the agency maintained that it had no obligation to--and that it did not--consider the impact that the environmentally-regulated activities of Lockheed Martin or its affiliates could have on Lockheed Martin's performance of this contract. The agency maintained that it gave no consideration to such activities because "this procurement is for computer support/systems engineering services, not enforcement or regulatory advice." Agency Post-Hearing Brief at 2. However, during the hearing conducted by this Office in connection with SAIC's earlier protest, SAIC established that, in at least a few instances, performance of the prior contract had required SAIC to perform tasks that could create conflicts of interest for a contractor involved in activities subject to environmental regulations.