Lockheed Martin Corporation (FA8612-25-R-B001)

Case: B-423294 Agency: Department of the Air Force : Department of the Air Force Date: 2025-05-02 Denied
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B-423294 May 02, 2025 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Lockheed Martin Corporation, of Fort Worth, Texas, protests the actions of the Department of the Air Force in connection with fair opportunity proposal request (FOPR) No. FA8612-25-R-B001, issued for Tactical Operations Center - Light (TOC-L) prototype systems. Lockheed Martin maintains that the agency failed to adequately investigate and evaluate organizational conflicts of interest (OCIs) on the part of Science Applications International Corporation (SAIC), of Reston, Virginia, another prospective offeror. In addition, the protester argues that the FOPR does not provide sufficient information to permit offerors to compete intelligently and fairly. We deny the protest. View Decision 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: Lockheed Martin Corporation File: B-423294 Date: May 2, 2025 Luke Levasseur, Esq., Evan C. Williams, Esq., and Michael E. Lackey, Jr., Esq., Mayer Brown LLP, and Renee Brunett, Esq., Lockheed Martin Corporation, for the protester. James J. McCullough, Esq., Michael J. Anstett, Esq., Alexander B. Ginsberg, Esq., Elizabeth J. Kalanchoe, Esq., Jennifer Prescott, Esq., Robert C. Starling, Esq., Fried, Frank, Harris, Shriver & Jacobson LLP, for Science Applications International Corporation, the intervenor. Nina R. Padalino, Esq., Siobhan K. Donahue, Esq., and Thomas G. Kopacz, Esq., Department of the Air Force, for the agency. Samantha S. Lee, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that the agency failed to properly consider organizational conflicts of interest (OCIs) is denied where the record shows that the contracting officer gave meaningful consideration to whether the prospective offeror had OCIs and there is no clear evidence in the record that the agency’s conclusion was unreasonable. 2. Supplemental protest challenging the adequacy of the agency’s waiver of rules and procedures pertaining to an OCI is dismissed, where the waiver was executed shortly before GAO’s statutory 100-day deadline, our Office was already prepared to conclude that the OCI allegations had no merit, and GAO’s decision to deny the OCI challenge renders academic the challenge to the waiver. 3. Protest that solicitation deprives vendors of the ability to compete intelligently is denied where the record shows that the solicitation is drafted in a fashion that enables vendors to intelligently prepare their proposals. DECISION Lockheed Martin Corporation, of Fort Worth, Texas, protests the actions of the Department of the Air Force in connection with fair opportunity proposal request (FOPR) No. FA8612-25-R-B001, issued for Tactical Operations Center - Light (TOC-L) prototype systems. Lockheed Martin maintains that the agency failed to adequately investigate and evaluate organizational conflicts of interest (OCIs) on the part of Science Applications International Corporation (SAIC), of Reston, Virginia, another prospective offeror. In addition, the protester argues that the FOPR does not provide sufficient information to permit offerors to compete intelligently and fairly. We deny the protest. BACKGROUND The Air Force established the distributed battle management node (DBMN) effort to focus on command, control, communications, and battle management capabilities with clear mission value and operational impact by leveraging capabilities from next generation sensors, providing decision support, and if necessary, prosecuting targets that would deny access to an area of operations. Agency Report (AR), Tab 18, FOPR amend. 5, Statement of Objections (SOO) at 13.[1] Among the Air Force’s requirements developed under the DBMN effort is the TOC-L, a lightweight, scalable mission system that enables tactical command and control elements to quickly relocate, establish datalinks, and connect to a variety of sensors, including military and civilian sources, joint coalition, allied, and mission partner networks. Id. The Air Force has pursued the TOC-L acquisition in two phases. Id. The first phase, a 36-month effort which began in January 2023, includes material procurement of 16 “TOC-L experimental systems, integration with sensors,” and delivery to units for experimentation in operational exercises. Id. Lockheed Martin is the prime contractor for the first phase. Contracting Officer’s Statement (COS) at 15. This protest concerns the second phase (Phase II) of the TOC-L procurement, through which the Air Force seeks a systems integrator to design, procure, build, test, deliver, and maintain TOC-L prototype systems. Id. at 2.

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