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Winds of Protest? 

Winds of Protest?

DOD doesn't believe release of old Northrop pricing data should affect the new KC-X contest; Northrop disagrees.

—Michael C. Sirak

September 29, 2009—Northrop Grumman issued a statement Tuesday from Paul Meyer, who is leading its effort to capture the Air Force’s KC-X tanker contract, expressing the company’s concern that it is at a competitive disadvantage going into the new round of the tanker competition.

Northrop is upset that rival Boeing was provided with pricing information on Northrop’s tanker offering during the previous round of the competition, which ended barely out of the gate due to an escalating war of words and political wrangling.

This release of price data reportedly occurred after Northrop won the original KC-X competition in February 2008 and Boeing was debriefed on why it lost.

Subsequent to that, Boeing fielded a successful legal protest with the Government Accountability Office, and the Defense Department ultimately decided to start over under the new Presidential Administration.

“Access to comparable pricing information from Boeing has thus far been denied by the Pentagon,” writes Meyer. He adds, “It is fundamentally unfair, and distorts any new competition, to provide such critical information to only one of the bidders.”

This is especially the case, says Meyer, since “predominant emphasis” is being placed on price in the restarted tanker competition and Northrop Grumman is “again proposing” its same tanker model.

Meyer said Northrop will continue to work with the Air Force “to fully resolve this issue.” But perhaps Meyer’s words portend the company positioning itself to file a protest before the release of the final request for proposal, or to try at least to influence changes in the language of that document.

Pentagon acquisition executive Ashton Carter addressed Northrop’s beef during a Pentagon press briefing on KC-X on Sept. 24 and indicated that the issue is not regarded by DOD officials as warranting a fix.

“DOD has examined this claim and found both that this disclosure was in accordance with regulation and, more importantly, that it created no competitive disadvantage because the data in question are inaccurate, outdated, and not germane to this source-selection strategy,” he said.

(For more, read Tuesday’s Washington Post report.)

(Full transcript of Sept. 24 press briefing on KC-X including Carter.)

Verbatim

Preemptive Action
"Since the [Defense] Department's acceptance of the independent estimates last fall, we've been, in just about every respect, acting as if the program were in a Nunn-McCurdy breach. ... We've been taking all of the mitigating and corrective action that we would take as if there were a Nunn-McCurdy breach."
—Air Force Secretary Michael Donley, discussing with reporters the restructure of the F-35 strike fighter program announced in February 2010 and the probability that the program will soon exceed Nunn-McCurdy cost-monitoring thresholds that would necessitate, per US law, a program review and corrective steps, Washington, D.C., March 2, 2010. 

Verbatim

Message for Grandma
"She has working for her as a citizen in the United States an Air Force Reserve that has some very talented, capable, patriotic, and willing individuals doing the business to keep this nation free. Just like her generation—the 'Greatest Generation'—was, I am very proud of the folks that we have got. If not the second greatest, then they are an extension of the greatest generation and they are ready, willing, and able to do the things that she would want them to do to make sure we keep our freedoms."
—Lt. Gen. Charles Stenner, Air Force Reserve chief, responding to a reporter's question on what the reporter should tell his 85-year-old grandmother to convey to her the importance of Air Force Reservists to the nation's security, Orlando, Fla., Feb. 19, 2010.

 

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