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B-419617.2,B-419617.3 Dec 06, 2021 1 (2021-12-06)

handle is hein.gao/gaomnv0001 and id is 1 raw text is: 1         U.S. GOVERNMENT ACCOUNTABILITY OFFICE
G A O     A Century of Non-Partisan Fact-Based Work
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: Serco Inc.
File:     B-419617.2; B-419617.3
Date:     December 6, 2021
Daniel R. Forman, Esq., James G. Peyster, Esq., Zachary H. Schroeder, Esq., and
William B. O'Reilly, Esq., Crowell & Moring LLP, for the protester.
Kristen E. Ittig, Esq., Mark D. Colley, Esq., Thomas Pettit, Esq., and Aime Joo, Esq.,
Arnold & Porter Kaye Scholer, LLP, for Booz Allen Hamilton, Inc., the intervenor.
Candace M. Shields, Esq., and Ryan M. Banach, Esq., Department of the Navy, for the
agency.
Glenn G. Wolcott, Esq., and Christina Sklarew, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST
Protest that awardee gained an unfair competitive advantage in preparing its proposal
by using information provided by former high-level agency officials is sustained where,
after taking corrective action to investigate an allegation of an unfair competitive
advantage conflict of interest, the agency unreasonably concluded that the information
to which the former officials had access, as well as information that was demonstrably
provided to the awardee, did not constitute non-public, competitively useful information.
DECISION
Serco, Inc., of Herndon, Virginia, protests the Department of the Navy's award of a task
order to Booz Allen Hamilton, Inc. (BAH), of McLean, Virginia, pursuant to request for
proposals (RFP) No. N0016419R3504, to provide professional support services for the
Deputy Commander for Surface Warfare (referred to as SEA 21).1 Serco challenges
the award on the basis that BAH and/or its teaming partners employed two
1 SEA 21 is a matrixed organization of [four] program offices that manage the lifecycle
maintenance and modernization of all non-nuclear U.S. Navy surface ships. Agency
Report (AR) Tab 1, RFP at 6. These organizations require program management,
technical, and business/financial support, and the contractor is required to work closely
with program personnel, engaging in [f]requent coordination with, and reporting to,
the respective Program Offices. Contracting Officer's Statement and Memorandum of
Law (COS/MOL), Sept. 27, 2021, at 2.

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