Decision Released: US Army Data Operations Pool Contract for Open-Source Intelligence (OSINT) activities IDIQ Protest Dismissal

File No. B-422409.2,B-422409.3

Digest

Protest challenging the agency’s implementation of ongoing corrective action, which was taken in response to an earlier protest, is dismissed as premature where the protester merely anticipates improper prejudicial agency action.

Discussion

The protester raises several arguments about the agency’s conduct of its OCI investigation. First, the protester objects that the agency is impermissibly withholding relevant documents from Peraton by refusing to furnish the NDAs allegedly signed by Mr. X and Mr. Y. Protest at 20-24. Second, Peraton objects that the contracting officer cannot be an impartial investigator or adjudicator because he is relying on his own knowledge of Mr. X’s involvement in the procurement, characterizing the contracting officer as a fact witness who should not be conducting the investigation. Id. Third, Peraton argues that the agency has taken steps inconsistent with its proposed plan of corrective action, is engaged in what the protester characterizes as “continued gamesmanship,” and does not actually intend to reconsider its exclusion of Peraton from the competition …

Decision

Peraton Inc., of Herndon, Virginia, protests the scope and conduct of corrective action taken by the U.S. General Services Administration (GSA), Federal Acquisition Service, on behalf of the Department of the Army in response to a prior protest of Peraton’s exclusion from the competition under task order request No. 47QFCA24R0001 issued pursuant to GSA’s ASTRO multiple award indefinite-delivery, indefinite-quantity data operations pool contract for open-source intelligence (OSINT) activities. The protester alleges that the agency’s implementation of the corrective action is impermissible and unfair in several respects.

We dismiss the protest.

Read the decision here.

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