|Quoting Zeke (Reply 117):|
The GAO process is somewhat of an unfair fight, but it what people have to work with. The protester is allowed to bring whatever they want into the protest, but the party responding is only allowed to use any information that was not supplied during the RFP submission. NG has been exposed with a weakness in their submission in a number of areas, but I need to stress, that that is a weakness in their submission, not necessarily with the platform.
The GAO is basically made up of a pack a bureaucrats and lawyers, they do not need to know how to tell the difference between a 767 or A330, they are not supposed to be aviation experts, that is what the role of the USAF. The GAO just needs to make sure that the USAF has document properly on how they made the distinction.
The intervenor (NG), as well as the USAF
were allowed to submit documentation and evidence. Of course the protester (Boeing) was also allowed to submit documentation and evidence, too.
, Boeing, the USAF
, and the GAO were all well represented during the GAO investigation into the KC
-X bidding process.
Representing Boeing (all lawyers):
Rand L. Allen, Esq., Paul F. Khoury, Esq., Scott M. McCaleb, Esq., Martin P. Willard, Esq., Nicole J. Owren-Wiest, Esq., Kara M. Sacilotto, Esq., Nicole P. Wishart, Esq., Jon W. Burd, Esq., Stephen J. Obermeier, Esq., and Heidi L. Bourgeois, Esq., Wiley Rein LLP; and Charles J. Cooper, Esq., Michael W. Kirk, Esq., and Howard C. Neilson, Esq., Cooper & Kirk; Lynda Guild Simpson, Esq., and Stephen J. Curran, Esq., The Boeing Company, for the protester.
(lawyers, and one aviation expert, Roger Joseph O'Donnell):
Neil H. O%u2019Donnell, Esq., Allan J. Joseph, Esq., David F. Innis, Esq., Thomas D. Blanford, Esq., Aaron P. Silberman, Esq., Tyson Arbuthnot, Esq., Michelle L. Baker, Esq., James Robert Maxwell, Esq., and Suzanne M. Mellard, Esq., Rogers Joseph O%u2019Donnell; and Joseph O. Costello, Esq., Northrop Grumman Systems Corporation, for the intervenor.
Reprsenting the USAF
(lawyers and three members of the KC
-X selection board)
Bryan R. O%u2019Boyle, Esq., Col. Neil S. Whiteman, James A. Hughes, Esq., Col. Timothy Cothrel, Robert Balcerek, Esq., Maj. Christopher L. McMahon, W. Michael Rose, Esq., Stewart L. Noel, Esq., Gerald L. Trepkowski, Esq., Lynda Troutman O%u2019Sullivan, Esq., John J. Thrasher III, Esq., Lt. Col. Thomas F. Doyon, Anthony P. Dattilo, Esq., Bridget E. Lyons, Esq., John R. Hart, Esq., Ronald G. Schumann, Esq., Maj. Steven M. Sollinger, Maj. Sandra M. DeBalzo, and John M. Taffany, Esq., Department of the Air Force, for the agency.
The GAO only had two lawyers and one office involved in this investigation:
Guy R. Pietrovito, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
They are listed at the beginning of the GAO Report