The Government Accountability Office says Hanford Tank Closure Co., made up of Atkins, Amentum and Westinghouse Government Services, is not entitled reimbursement of its legal costs for protesting a $13-billion tank closure contract issued in May by the Department of Energy.
In a November decision published this month, the Government Accountability Office (GAO) said the protesting contractor did not merit reimbursement. DOE cancelled the Tank Closure solicitation just before Christmas.
The Atkins-led group filed its bid protest in May just after DOE awarded the 10-year Hanford Tank Closure Contract to BWX Technologies-led Hanford Works Restoration. The agency put the award on hold in July.
In the Nov. 16 decision posted on the office’s website, GAO General Counsel Thomas Armstrong said the federal watchdog was unwilling to conclude that the challenge was “clearly meritorious” and warranted expense reimbursement.
The Atkins-led team argued the BWXT-led group created the appearance of impropriety when it brought in a recently-retired manager of the Hanford Richland Operations Office to assist in preparation of the bid.
Sources identified the former Richland manager as Doug Shoop, who retired in February 2019. The Department of Energy, however, pushed back against this argument, according to the document. DOE said Hanford’s Office of River Protection, and not the Richland Operations Office, is responsible for overseeing the Tank Closure Contract. The Office of River Protection is a “stand-alone office,” separate from Richland, the DOE argued.
The DOE’s contracting officer for the procurement interviewed the retired manager and DOE representatives involved with the procurement planning and reviewed various emails before finding the BWXT group did not have a conflict of interest.
The Atkins-led team also made various other arguments common to losing contractors, questioning DOE’s reasoning and analysis into whether the award winner provided the best value for the government.
