B-297342, Alion Science & Technology Corporation, January 9, 2006
Case: B-297342
Agency:
Protester: B
Date: 2006-01-09
Sustained
B-297342
Jan 09, 2006
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Highlights
Alion Science & Technology Corporation protests the Defense Information System Agency's (DISA) award of a contract to Advanced Engineering & Sciences, a division of ITT Industries, Inc. (ITT), under request for quotations (RFQ) No. HC1047-05-R-4018 to provide spectrum engineering support services. Alion protests that, in light of ITT's significant involvement 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.
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B-297342, 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-297342
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 conclusion that awardee's conflicts of interest will be minimal, with limited impact on quality of contract performance, where awardee, a manufacturer of spectrum-dependent products, will perform analysis and evaluation and exercise subjective judgment regarding formulation of policies and regulations that may affect the sale or use of spectrum-dependent products manufactured by the awardee or the awardee's competitors, and those deployed by the awardee's customers.
DECISION
Alion Science & Technology Corporation protests the Defense Information System Agency's (DISA) award of a contract to Advanced Engineering & Sciences, a division of ITT Industries, Inc. (ITT), under request for quotations (RFQ) No. HC1047-05-R-4018 to provide spectrum engineering support services. Alion protests that, in light of ITT's significant involvement 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.
BACKGROUND
On March 15, 2005, DISA issued RFQ No. HC1047-05-R-4018 seeking quotations from holders of federal supply schedule (FSS) contracts[1] to provide spectrum engineering services to support DISA's Defense Spectrum Office (DSO) and to facilitate improved DSO mission effectiveness. RFQ at 16. The solicitation advised contractors of DSO's vision to be recognized as the Department of Defense's (DOD) focal point and expert with regard to various policy-making activities including: the establishment of policies, strategies, regulations and procedures to support the implementation and integration of spectrum efficient technologies into military systems; the establishment of plans and strategies, based on regulatory activities and technology development, to foster the development of DOD spectrum management policies; and the development of . . .
Full decision text continues on ProtestIntel...