GAO Sustains Protests Over $815M DIA Intelligence IT Task Order
The U.S. Government Accountability Office has sustained bid protests challenging the Defense Intelligence Agency’s award of a nearly $815 million task order for information technology support services to U.S. Central Command’s intelligence directorate. The decision found flaws in the agency’s technical evaluation process, particularly its reliance on oral presentations and its treatment of competing offerors.
The procurement sought IT services to support military intelligence analysis. Offerors were evaluated first on technical merit through oral presentations and then on price reasonableness. General Dynamics Information Technology Inc. received the award with a proposal valued at nearly $815 million. Competing bidders SOS International LLC proposed approximately $807 million, and Amentum Technology Inc. proposed roughly $789 million.
The DIA assigned “high confidence” ratings to GDIT and SOSi and a “some confidence” rating to Amentum. However, the agency decreased its confidence in SOSi’s proposal based on an alleged reference to a legacy information sharing network when discussing full motion video capabilities. The GAO found no support in the record for that conclusion, noting that the agency could not point to audio recordings, contemporaneous documentation, or other evidence substantiating the downgrade.
With respect to Amentum, the GAO agreed that the agency could consider the company’s proposed approach to improving the incumbent workforce. Nonetheless, the record did not clearly demonstrate that the DIA evaluated Amentum and GDIT under the same standard. Both companies proposed comprehensive workforce development strategies, yet GDIT received an increase in confidence while Amentum received a decrease. The GAO determined that this discrepancy supported Amentum’s argument that it may have been subjected to unequal evaluation criteria.
The GAO concluded there was a reasonable possibility that SOSi suffered competitive prejudice and that Amentum did suffer prejudice as a result of the flawed evaluation. It recommended corrective action consistent with its findings. The DIA has stated it will undertake corrective action in response to the decision.
Legal Perspective: Why It Matters
This decision emphasizes the need for a well documented and consistent evaluation record, especially when agencies rely on oral presentations. Confidence reductions must be supported by clear evidence. Conclusory findings without documentation create protest risk.
The ruling also reinforces the GAO’s focus on equal treatment. Evaluation criteria must be applied consistently. Different confidence assessments for similar proposal features may suggest unequal standards.
For contractors, oral presentations should be prepared with the same rigor as written proposals and closely aligned to solicitation requirements. In a protest, the agency record will be scrutinized, and gaps in documentation can be decisive.
For agencies, price differences do not cure flawed technical evaluations. Where errors create a reasonable possibility of prejudice, corrective action may be required. Careful documentation remains essential in high value procurements.
For more information, see: Amentum Technology Inc.; SOS International LLC
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Michael is a business attorney focused on delivering efficient and effective results to his clients. His experience includes both litigation and transactional representation for companies and governmental entities in aerospace, defense, securities, real estate, and general business matters. A former F-15 fighter pilot with over 1,500 flight hours, Michael served as an instructor pilot in the U.S. Air Force before joining the Air Force Reserve with the 701st Combat Operations Squadron in California. He dedicates pro bono efforts to helping veterans with compensation claims and startup guidance.
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