B-297022.3, Alion Science & Technology Corporation, January 9, 2006

B-297022.3 Jan 09, 2006 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Alion Science & Technology Corporation protests the Defense Information Systems Agency's (DISA) award of a contract to Advanced Engineering & Sciences, a division of ITT Industries, Inc. (ITT), under request for proposals (RFP) No. HC1047-05-R-4009 to provide electromagnetic spectrum engineering services for DISA's Joint Spectrum Center (JSC). Alion protests that, in light of ITT's significant interests in the manufacture and marketing of spectrum-dependent products, the agency failed to reasonably consider the extent of organizational conflicts of interest (OCI) that are likely to impair ITT's objectivity in performing the contract requirements. We sustain the protest. View Decision B-297022.3, Alion Science & Technology Corporation, January 9, 2006 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: Alion Science & Technology Corporation File: B-297022.3 Date: January 9, 2006 L. James D'Agostino, Esq., Richard L. Moorhouse, Esq., David T. Hickey, Esq., John G. Stafford, Esq., and Andrew Belofsky, Esq., Greenberg Traurig, LLP; J. Scott Hommer III, Esq., and Kier X. Bancroft, Esq., Venable LLP, for the protester. Thomas C. Papson, Esq., Jason N. Workmaster, Esq., and Kara M. Klaas, Esq., McKenna Long & Aldridge LLP, for Advanced Engineering & Sciences, a division of ITT Industries, Inc., an intervenor. Flayo O. Kirk, Esq., Defense Information Systems 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 Protest is sustained where record does not support the agency's assessment regarding the –maximum potential— for organizational conflicts of interest to occur during awardee's contract performance where awardee, a manufacturer of spectrum-dependent products, will perform various activities requiring subjective judgments that may affect the sales or use of spectrum-dependent products of the awardee, the awardee's competitors, and the awardee's customers. DECISION Alion Science & Technology Corporation protests the Defense Information Systems Agency's (DISA) award of a contract to Advanced Engineering & Sciences, a division of ITT Industries, Inc. (ITT), under request for proposals (RFP) No. HC1047-05-R-4009 to provide electromagnetic spectrum engineering services for DISA's Joint Spectrum Center (JSC). Alion protests that, in light of ITT's significant interests in the manufacture and marketing of spectrum-dependent products, the agency failed to reasonably consider the extent of organizational conflicts of interest (OCI) that are likely to impair ITT's objectivity in performing the contract requirements.[1] We sustain the protest. BACKGROUND On February 23, 2005, DISA issued RFP No. HC1047-05-R-4009, seeking proposals to –provide the JSC with Electromagnetic Spectrum Engineering (ESE) services to facilitate improved mission effectiveness.—[2] RFP at 4. The solicitation elaborated that –[t]he JSC vision is to be recognized as the DOD technical center of excellence and provider of choice for electromagnetic spectrum management and E3 expertise.— Id.With regard to contract requirements, the solicitation laid out the following task areas, and specific activities, the contractor will be expected to perform: 1. Operational Spectrum Support -- deploying qualified spectrum managers in support of Combatant Command (COCOM) or Joint Task Force (JTF) contingencies; deploying technical experts to take field measurements and analyze incidents of electromagnetic interference (EMI), determine causes, and recommend methods of resolution; and developing, operating, and maintaining DOD's standard spectrum management systems. 2. E3 and Spectrum Engineering -- coordinating electromagnetic compatibility (EMC) standards; analyzing equipment and systems for potential E3 [electromagnetic environmental effects] problems and recommending solutions; performing RF [radio frequency] measurements; developing and conducting E3 training; assisting the acquisition community by assessing E3; determining operational frequency bands; and providing assistance in acquiring host nation approval for equipment operation. 3. Modeling and Simulation -- developing and maintaining spectrum management automated tools and analytical models to perform EMC analyses. 4. Information Management -- collecting and maintaining extensive data on spectrum dependent equipment and spectrum usage to support tactical, training, or sustaining-base operations, operational assessments, and research and development efforts; and providing and maintaining a capability to store and retrieve documents such as technical reports, project notebooks, and other related technical documents. 5.