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B-420157.2 Jul 06, 2022 1 (2022-07-06)

handle is hein.gao/gaonjf0001 and id is 1 raw text is: 



                    U.S. GOVERNMENT   ACCOUNTABILITY OFFICE
441 G St. N.W.                                                  Comptroller General
Washington, DC 20548                                             of the United States

                                             DOCUMENT  FOR PUBLIC RELEASE
                                           The decision issued on the date below was subject to
Decision                                   a GAO Protective Order. This redacted version has
                                           been approved for public release.


Matter of:   KOAM  Engineering Systems, Inc.

File:        B-420157.2

Date:        July 6, 2022

Richard P. Rector, Esq., C. Bradford Jorgensen, Esq., and Thomas E. Daley, Esq., DLA
Piper, for the protester.
J. Scott Hommer, III, Esq., Rebecca E. Pearson, Esq., Taylor A. Hillman, Esq., and
Lindsay M. Reed, Esq., Venable LLP, for McKean Defense Group, LLC, the intervenor.
Tracey L. Ferguson, Esq., Department of the Navy, the agency.
Michael P. Grogan, Esq., and Evan D. Wesser, Esq., Office of the General Counsel,
GAO,  participated in the preparation of the decision.
DIGEST

1. Protest alleging that the awardee gained an unfair competitive advantage based on
an apparent conflict of interest where one of the awardee's proposed key persons is
married to an agency contracting officer's representative on the protester's incumbent
contract is denied where the record reflects that the agency official was not involved in
the instant procurement and the protester's cost information from the incumbent
contract was not disclosed, or, alternatively, the awardee would not have obtained an
unfair competitive advantage by virtue of receiving the information.

2. Protest challenging agency's cost realism evaluation is denied where the record
demonstrates the upward adjustments to the awardee's proposed costs were not
inconsistent with the solicitation, and that the agency reasonably determined those
adjustments did not indicate the awardee lacked an understanding of the agency's
requirements.
DECISION

KOAM   Engineering Systems, Inc. (KES), of San Diego, California, protests the award of
a contract to McKean Defense Group, LLC (McKean), of Philadelphia, Pennsylvania,
under request for proposals (RFP) No. N6600121 R0041, issued by the Department of
the Navy, for support services to the Naval Information Warfare Systems Center Pacific
Network Integration Engineering Facility (NIEF). The protester contends a personal
conflict of interest (or the appearance of such) tainted the award decision, and that the
Navy's cost evaluation of McKean's proposal was unreasonable.

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