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confusion and uncertainty among the various NSF site representatives, ASA, and Raytheon employees in the field, which, in turn, have required intervention, work-arounds, and specific guidance by senior management in a process that would otherwise proceed smoothly through discussion and agreement among on-site personnel." At issue for ASA is information it claims is "proprietary" and that it is therefore refusing to share with Raythehigh-stakes battle over the award on cooperating with the new contractor on during the transition period. A ruling of a $1.2 billion, 10-year contract to on a job with several critical deadlines in by Court of Federal Claims Judge Lawoperate U.S. research stations in January and February, the height of the rence S. Margolis has, for now, limited Antarctica is under way in federal court in Antarctic summer when the stations are so-called proprietary information mostly to ASA personnel data. Washington, D.C. The legal wrangling bustling with researchers and staff. It is unclear if the withholding of this However, a review of documents filed could ultimately halt this year's operations "on the ice," as those who have in the federal claims court has revealed information has hampered Raytheon's been there often refer to the continent of that the legal wrangling and the behavior desire to hire as many ASA employees as of some ASA employees—still under con- would like to join Raytheon's team. The Antarctica. On Oct 28,1999, the National Science tract to operate the U.S. Antarctic sta- company has vowed to honor existing Foundation informed Raytheon Co., Lex- tions—may be threatening the safety of employee contracts that cover such issues as salary and benefits. ington, Mass., that starting April 1, it people in Antarctica. NSF officials have repeatedly made Raytheon managers have, at the latest, would be the new contractor responsible until April 1—the date their for the operation of the U.S. Antfe contract is scheduled to bearctic research stations. Compagin—to learn about all of the nies that made the short list but S2 ultimately lost the competition co operations and logistics in AntE * The selection and placement of glewood, Colo., and Houston% therightpeople capable of safebased Kellogg Brown & Root * ly and competently operating The legal fight began in the stations during the coldest, mid-November 1999 when darkest months on the contiASA, which had held the connent is critical. tract for 10 years,fileda protest of the award to Raytheon in the Protective orders issued by Court of Federal Claims, WashMargolis—again, at the reington, D.C, where a decision Amundsen-Scott South Pole Station. quest of ASA—have effectiveis pending. ASA had already ly gagged NSF staff as well as filed a "bid protest" with the U.S. General clear that the safety of everyone at the Raytheon officials from commenting on Accounting Office. McMurdo, Palmer, and Amundsen-Scott how the work is going. But Chiang's Sources familiar with the byzantine South Pole stations as well as at smaller sworn testimony tells the story: "Allegations of NSF criminal activities government contracting process say field stations is their first concern. such litigation is highly unusual. The Former NSF officials have also weighed [supposedly forcing ASA to reveal its courtfilingwas followed by a virtual bliz- in on the current situation: "If there is a trade secrets to competitor Raytheon] by zard of motions by ASA attorneys calling threat to safety, I believe NSF will pull ASA's attorney have an extremely negafor various restraining orders that would out every stop it can," says Cornelius W. tive effect on NSF staff's ability to conseal the case, effectively prohibiting the Sullivan, vice provost for research at the duct and direct a smooth transition. Couflow of information to Raytheon during University of Southern California, Los pled with ASA's confusing and inconsisAngeles. He directed NSFs Office of Po- tent claims of proprietary information, the contract phase-in period. this has affected ASA's on-site manageAn ASA spokeswoman said, "ASA's lar Programsfrom1993 to 1997. strategy is not to drag this thing out." The ASA legal strategy appears to be ment and their ability to exercise their However, she did agree that one possible working—for now. Erick Chiang, head of judgment on what materials are properly outcome of the current imbroglio is a the Polar Research Support Section of in the public domain and what is truly contract extension for ASA She did not NSFs Office of Polar Programs, has testi- ASA proprietary information." elaborate on other possible outcomes. fied in court that "since contract award, The situation, Chiang continued, "is According to NSF, the company's con- there have been a series of positions tak- at best confusing, and at worst has the tract with the agency requires ASA to fa- en by ASA that have affected our ability to potential to impact the safe operation of cilitate the turnover to any new contrac- seamlessly conduct transition activities. station facilities." tor. So ASA managers should be focused These positions by ASA have created William Schulz
FUROR OVER ANTARCTICA
NSF finds that changing contractors for its research stations is no easy task
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JANUARY 10,2000 C&EN
