The inadvertent release of confidential information in the competition to build the next aerial refueling tanker didn't hurt the $35 billion project, U.S. Air Force officials told a Senate panel Jan. 27.
The two companies competing to build the KC-X tanker, European Aeronautic Defence and Space and The Boeing Co., received computer discs Nov. 1 from the Air Force containing the military's confidential evaluation of each company's proposal.
Maj. Gen. Wendy Masiello, who works for the assistant secretary of acquisition, told lawmakers on the Senate Armed Services Committee the error was unintentional and didn't violate procurement law.
"The Air Force has been and remains committed to a fair, open and transparent KC-X source selection," Masiello said.
But with the Air Force expected to choose the winner in February, lawmakers worried the error could still hurt the selection process.
"This is a case study of incompetence," said Sen. Claire McCaskill, D-Mo.
Information on each computer disc graded each company on how its tanker might perform. The Air Force was supposed to send each company only that company's evaluations but inadvertently sent the competitor's evaluations, too.
An EADS staffer opened a page evaluating the Boeing plane for an estimated 15 seconds, according to Sean O'Keefe, EADS' CEO. The page didn't include pricing or proprietary information.
The worker alerted security officers and the discs were returned to the Pentagon. The file remained open for three minutes and the computer remained on for 20 minutes, according to Steven Shirley, executive director of the Defense Department's cybercrime center.
"The screen might have been open, but he was the only person in the room and he left the room," Masiello said of the EADS staffer.
O'Keefe disputed reports that EADS held the disc for a month.
"EADS North America acted correctly, quickly and responsibly in addressing an incident that was not of our making," O'Keefe said in a statement to the committee.
Dennis Muilenburg, Boeing's CEO for defense, space and security, said a Boeing staffer noticed a reference to the EADS version of the tanker while opening the disc he received and reported it to security officers without opening the disc.
"Boeing's behavior in this instance is emblematic of our conduct throughout this competition," Muilenburg said in a statement to the committee.
On Nov. 22, Air Force officials decided to make sure the playing field was level and sent each company a page - corresponding to the page the EADS staffer had reported looking at - of the other company's evaluation.
"What kind of actions have been taken against the person who made the mistake?" McCaskill asked Masiello at one point.
Masiello said the two Aeronautical Systems Center workers who sent out the wrong discs were transferred and two others were counseled, but she said she didn't know where the transferred workers are now, whether they earn the same salary or whether they would ever be in a position to deal with contracting again.
Masiello said the company that loses the competition for the tanker contract could use the mistake involving the computer discs as a basis for a formal protest.
Sens. Jeff Sessions, R-Ala., and Roger Wicker, R-Miss., noted that neither company has protested yet.
"It's really important on this committee for us not to politicize this process," Sessions said.
The two companies competing to build the KC-X tanker, European Aeronautic Defence and Space and The Boeing Co., received computer discs Nov. 1 from the Air Force containing the military's confidential evaluation of each company's proposal.
Maj. Gen. Wendy Masiello, who works for the assistant secretary of acquisition, told lawmakers on the Senate Armed Services Committee the error was unintentional and didn't violate procurement law.
"The Air Force has been and remains committed to a fair, open and transparent KC-X source selection," Masiello said.
But with the Air Force expected to choose the winner in February, lawmakers worried the error could still hurt the selection process.
"This is a case study of incompetence," said Sen. Claire McCaskill, D-Mo.
Information on each computer disc graded each company on how its tanker might perform. The Air Force was supposed to send each company only that company's evaluations but inadvertently sent the competitor's evaluations, too.
An EADS staffer opened a page evaluating the Boeing plane for an estimated 15 seconds, according to Sean O'Keefe, EADS' CEO. The page didn't include pricing or proprietary information.
The worker alerted security officers and the discs were returned to the Pentagon. The file remained open for three minutes and the computer remained on for 20 minutes, according to Steven Shirley, executive director of the Defense Department's cybercrime center.
"The screen might have been open, but he was the only person in the room and he left the room," Masiello said of the EADS staffer.
O'Keefe disputed reports that EADS held the disc for a month.
"EADS North America acted correctly, quickly and responsibly in addressing an incident that was not of our making," O'Keefe said in a statement to the committee.
Dennis Muilenburg, Boeing's CEO for defense, space and security, said a Boeing staffer noticed a reference to the EADS version of the tanker while opening the disc he received and reported it to security officers without opening the disc.
"Boeing's behavior in this instance is emblematic of our conduct throughout this competition," Muilenburg said in a statement to the committee.
On Nov. 22, Air Force officials decided to make sure the playing field was level and sent each company a page - corresponding to the page the EADS staffer had reported looking at - of the other company's evaluation.
"What kind of actions have been taken against the person who made the mistake?" McCaskill asked Masiello at one point.
Masiello said the two Aeronautical Systems Center workers who sent out the wrong discs were transferred and two others were counseled, but she said she didn't know where the transferred workers are now, whether they earn the same salary or whether they would ever be in a position to deal with contracting again.
Masiello said the company that loses the competition for the tanker contract could use the mistake involving the computer discs as a basis for a formal protest.
Sens. Jeff Sessions, R-Ala., and Roger Wicker, R-Miss., noted that neither company has protested yet.
"It's really important on this committee for us not to politicize this process," Sessions said.
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