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B-412278.7,B-412278.8 1 (2017-10-04)

handle is hein.gao/gaobadtxj0001 and id is 1 raw text is: GAOU.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 wassubject to a GAO Protective Order. This redacted version has Decision been approved for public release. Matter of: Northrop Grumman Systems Corporation File: B-412278.7; B-412278.8 Date: October 4, 2017 Jason A. Carey, Esq., Jason N. Workmaster, Esq., Luke W. Meier, Esq., Kayleigh M. Scalzo, Esq., Nooree Lee, Esq., Patrick J. Stanton, Esq., and Andrew Guy, Esq., Covington & Burling LLP, for the protester. Mark D. Colley, Esq., Charles A. Blanchard, Esq., Kara L. Daniels, Esq., Dominique L. Casimir, Esq., Dana E. Koffman, Esq., Craig A. Schwartz, Esq., Michael E. Samuels, Esq., and Amanda J. Sherwood, Esq., Arnold & Porter Kaye Scholer LLP, for Raytheon Company, the intervenor. Christian M. Butler, Esq., Department of Homeland Security, for the agency. Jonathan L. Kang, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. An agency cannot waive an alleged unfair competitive advantage based on the hiring of former government employees using the authority of Federal Acquisition Regulation (FAR) subpart 9.5 to waive organizational conflicts of interest, as the unfair competitive advantage allegations arise under the provisions of FAR subpart 3.1, which has no corresponding waiver provision. 2. Protest alleging that the awardee gained an unfair competitive advantage based on the hiring of former government employees is denied where the record shows that the agency reasonably concluded that any information to which the former employees may have had access was not competitively useful. 3. Protest alleging that the agency's requirements changed in a manner that obligated the agency to revise the solicitation and provide offerors an opportunity to submit revised proposals is denied where the agency reasonably concluded that changes to the agency's requirements that arose after the issuance of the solicitation did not require an amendment to the solicitation.

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