Contract analysis

From: Megan Zhao <mzhao@calderwoodharkness.com> To: "Angela M. Palermino" <palerminoa@gao.gov> Cc: "Capt. Lucas M. Hargrove" <lucas.hargrove.2@us.af.mil> Date: Fri, 15 Dec 2023 02:47:00 -0000 Subject: B-422187; B-422187.2 — Whitmore Aerospace LLC — Scheduling and Logistics for January 4, 2024 Hearing (Ground 3)

I am writing on behalf of protester Whitmore Aerospace LLC in reference to the above-captioned protest of the Department of the Air Force's award of Contract No. FA8222-23-D-0193 under Solicitation No. FA8222-23-R-0087 (B-422187; B-422187.2).

This email follows up on the GAO's December 12, 2023 scheduling order directing the parties to confer and submit proposed hearing logistics for the telephonic hearing on Ground 3 (organizational conflict of interest). Counsel for all parties have conferred and are in agreement on the logistics set forth below.

The parties confirm the hearing date of Thursday, January 4, 2024, and propose a start time of 10:00 AM EST. As directed by the GAO, the hearing will be conducted by telephone.

The parties estimate the hearing will require approximately 3 to 3.5 hours, inclusive of opening statements, direct and cross-examination of three witnesses, and any questions from the GAO attorney. The parties respectfully suggest a 15-minute break following the conclusion of the second witness's testimony.

The parties have agreed to the following witness order:

1. **Donald R. Stokes** — Vice President, Government Contracts, Whitmore Aerospace LLC (protester's witness). Estimated testimony: approximately 45 minutes (direct and cross-examination). Mr. Stokes will be called by protester's counsel (Calderwood & Harkness LLP) and will testify regarding Whitmore's knowledge of the Analysis of Alternatives ("AoA") study performed by Halcyon Analytical Services LLC under Contract N

2. **Greta M. Holloway** — President, Sensor Solutions Division, Halcyon Defense Systems Inc. (intervenor's witness). Estimated testimony: approximately 50 minutes (direct and cross-examination). Ms. Holloway will be called by intervenor's counsel (Kessler, Pratt & Dunaway LLP) and will testify regarding Halcyon's internal firewalls and the scope of the AoA study relative to the IRCM pod solicitation requirements.

3. **Col. Diane W. Prescott, USAF** — Contracting Officer, AFLCMC, Sensors Directorate, Wright-Patterson Air Force Base, Ohio (agency witness). Estimated testimony: approximately 45 minutes (direct and cross-examination). Col. Prescott will be called by agency counsel (Capt. Hargrove) and will testify regarding the Air Force's OCI review, the mitigation plan implemented, and the Contracting Officer's determination re

The parties respectfully request that GAO provide the dial-in number and participant codes for the hearing, consistent with the practice in prior telephonic hearings. Alternatively, we are willing to use the GAO's standard conferencing platform. We would also appreciate guidance on whether the GAO prefers that witnesses join the same conference line or dial in on separate lines. To the extent the GAO intends to seque

The parties would like to confirm that a transcript of the hearing will be prepared. Could you please advise whether the GAO will arrange for a court reporter or whether the parties should coordinate independently? Protester's counsel intends to order a copy of the transcript.

Protester's counsel will be filing a pre-hearing brief addressing Ground 3 in advance of the hearing, as contemplated by the scheduling order. We respectfully ask that Ms. Palermino confirm the deadline for pre-hearing submissions if it has not already been specified.

The parties propose exchanging exhibit lists and copies of any hearing exhibits not already part of the Agency Report (AR Tabs 1–47) by no later than Thursday, December 28, 2023 — one week before the hearing. Protester's counsel anticipates relying primarily on documents already in the record, including AR tabs and the protective-order versions of Tabs 22 and 28 produced pursuant to the November 9, 2023 order.

The parties note that the hearing may involve discussion of information covered by the Protective Order issued October 12, 2023. We respectfully request confirmation of whether any special procedures will apply during the telephonic hearing to protect source selection sensitive and proprietary information — for example, whether certain portions of the hearing will be closed to individuals who have not been admitted u

We respectfully request that Ms. Palermino confirm the proposed logistics outlined above or advise the parties of any modifications. We are happy to coordinate further as needed.

Thank you for your attention to this matter.

Megan Zhao Senior Associate Calderwood & Harkness LLP 1750 K Street NW, Suite 1100 Washington, D.C. 20006 Tel: (202) 448-6230 Email: mzhao@calderwoodharkness.com

Counsel for Protester, Whitmore Aerospace LLC Matter No. 1019-00003