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B-270213 1 (1996-02-20)

handle is hein.gao/gaocrptadxk0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Guardian Technologies International File: B-270213; B-270213.2; B-270213.3 Date: February 20, 1996 Terrence O'Donnell, Esq., and Glenn J. Pfadenhauer, Esq., Williams & Connolly, for the protester. Thomas Ainora, Esq., and James J. Jasinski, Department of Justice, for the agency. Tania L. Calhoun, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that proposed awardee obtained an unfair competitive advantage in a procurement by virtue of its employment of a former government employee is sustained where the record shows that the former government employee, a procurement official with respect to the procurement, had access to some competitively useful inside information, and may have had access to additional such information, and the combination of a contradictory record and the former government employee's refusal to appear at a fact-finding hearing to address these contradictions compels a conclusion that the firm may have obtained an unfair competitive advantage. DECISION Guardian Technologies International protests the proposed award of a contract to Progressive Technologies of America, Inc. under request for proposals (RFP) No. 6586, issued by the Department of Justice, Federal Bureau of Investigation (FBI) for armor load bearing vests. Guardian contends that Progressive obtained an unfair competitive advantage in this procurement by virtue of its employment of a former government employee. We sustain the protest. BACKGROUND The solicitation, issued June 3, 1994, anticipated award of a fixed-price, indefinite quantity contract for these vests over 1 base year, with up to 2 option years. These vests are to be used by the FBI's Special Weapons and Tactics (SWAT) Program. The RFP guaranteed a minimum order of 1,000 vests over the contract period, but asked offerors to provide pricing for various ranges of quantities. Offerors were also asked to provide pricing on several optional accessory items. 352220

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