Northrop Grumman Systems Corporation

B-412278.6 Feb 07, 2017 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Northrop Grumman Systems Corporation, of McLean, Virginia, requests that our Office recommend that it be reimbursed the costs associated with filing and pursuing its protests against the Department of Homeland Security's (DHS) award of a contract to Raytheon Company, of Waltham, Massachusetts, under solicitation No. HSSA01-14-R-1006 for cybersecurity information technology systems. We deny the request. We deny the request. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of:  Northrop Grumman Systems Corporation--Costs File:  B-412278.6 Date:  February 7, 2017 Jason A. Carey, Esq., Jason N. Workmaster, Esq., Luke W. Meier, Esq., Kayleigh M. Scalzo, Esq., and Patrick J. Stanton, Esq., Covington & Burling, LLP, for the protester. Christian M. Butler, Esq., Department of Homeland Security, for the agency. Charmaine A. Stevenson, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Request for recommendation that procuring agency reimburse protest costs is denied where, although agency took corrective action after filing two agency reports, protester did not show that its initial or supplemental protest grounds were clearly meritorious. DECISION Northrop Grumman Systems Corporation, of McLean, Virginia, requests that our Office recommend that it be reimbursed the costs associated with filing and pursuing its protests against the Department of Homeland Security’s (DHS) award of a contract to Raytheon Company, of Waltham, Massachusetts, under solicitation No. HSSA01-14-R-1006 for cybersecurity information technology systems.  We deny the request. BACKGROUND DHS issued the solicitation on July 2, 2014, seeking proposals for the performance of a single-award indefinite-delivery, indefinite-quantity contract for one base year and four 1-year option periods, for DHS’ Development, Operations, and Maintenance (DOMino) procurement supporting the National Cybersecurity Protection System to protect the “.gov” domain from cyberattacks.  Agency Memorandum of Law (MOL) at 2.  DHS first awarded the contract to Raytheon, and on October 5, 2015, Northrop protested the award, alleging that the agency had failed to consider organizational conflicts of interest (OCIs) and challenging the evaluation of proposals.  On October 28, our Office dismissed the protest as academic because the agency advised that it would reconsider any potential OCIs and the evaluation of proposals, and determine whether to reaffirm the award or make a new award.  Northrop Grumman Systems Corp., B-412278, Oct. 28, 2015 (unpublished decision). The agency reaffirmed the award to Raytheon, and on June 15, 2016, Northrop again filed a protest, and ultimately four supplemental protests, alleging that the agency failed to reasonably evaluate OCIs, procurement integrity issues, and appearances of impropriety regarding Raytheon and another offeror; conducted unequal discussions with Raytheon; unreasonably evaluated the offerors’ technical proposals, proposed costs, and past performance; and again made an improper and flawed award decision.  During the course of the protest, DHS filed initial and supplemental agency reports.  On July 26, and then again on August 21, the GAO attorney for the protest notified the parties that he intended to hold a hearing.  Emails from GAO dated July 26, 2016 and Aug. 21, 2016.  However, prior to our Office conducting a hearing, DHS advised that it would again take corrective action and our Office dismissed the protests as academic on August 30.  Northrop Grumman Systems Corp., B-412278.2 et al., Aug.