Northrop Grumman Systems Corporation- Mission Systems (N00019-19-R-0069-A)

B-419557.2,B-419557.3,B-419557.4 Aug 18, 2021 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Northrop Grumman Systems Corporation--Mission Systems (Northrop), of Bethpage, New York, protests the award of a contract to L3 Technologies, Inc. Communication Systems - West (L3Harris), of Salt Lake City, Utah, under request for proposals (RFP) No. N00019-19-R-0069A, issued by the Department of the Navy, Naval Air Systems Command (NAVAIR), for an aircraft mounted jamming system prototype for low band radar. Northrop contends that L3Harris maintained an unfair competitive advantage from having hired former Navy employees and that the Navy's failure to investigate the resulting organizational conflict of interest (OCI) was unreasonable. Northrop also disputes the agency's interpretation of solicitation requirements, which led the agency to assign Northrop's technical approach a deficiency, rendering Northrop's proposal ineligible for award. We deny the protest in part, and dismiss the protest in part. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order and contains classified information. This redacted version has been approved for public release. Redactions marked as [DELETED] remove proprietary or source selection sensitive information. Redactions obscured by black line remove classified information per the contracting agency. Decision Matter of:  Northrop Grumman Systems Corporation-Mission Systems File:  B-419557.2; B-419557.3; B-419557.4 Date:  August 18, 2021 Jason A. Carey, Esq., and J. Hunter Bennett, Esq., Covington & Burling, LLP, for the protester. Mark D. Colley, Esq., and Mike D. McGill, Esq., Arnold & Porter Kaye Scholer LLP, for L3 Technologies, Inc., Communications Systems - West, the intervenor. Thy Nguyen, Esq., Department of the Navy, for the agency. Sarah T. Zaffina, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest that awardee gained an unfair competitive advantage from hiring former government employees is denied where the record does not support this allegation. 2.  Protest challenging agency’s interpretation of solicitation requirements is dismissed as untimely where the agency advised protester of the agency’s interpretation during discussions, and prior to the time for receipt of final proposal revisions, the protester changed its proposal to conform with the agency’s interpretation, and the protest was filed after award. DECISION Northrop Grumman Systems Corporation--Mission Systems (Northrop), of Bethpage, New York, protests the award of a contract to L3 Technologies, Inc. Communication Systems - West (L3Harris), of Salt Lake City, Utah, under request for proposals (RFP) No. N00019-19-R-0069A, issued by the Department of the Navy, Naval Air Systems Command (NAVAIR), for an aircraft mounted jamming system prototype for low band radar.  Northrop contends that L3Harris maintained an unfair competitive advantage from having hired former Navy employees and that the Navy’s failure to investigate the resulting organizational conflict of interest (OCI) was unreasonable.  Northrop also disputes the agency’s interpretation of solicitation requirements, which led the agency to assign Northrop’s technical approach a deficiency, rendering Northrop’s proposal ineligible for award. We deny the protest in part, and dismiss the protest in part. BACKGROUND The Next Generation Jammer (NGJ) system is intended to augment and replace the ALQ-99 Tactical Jamming System currently in use on the Navy’s EA-1BG Growler (EA‑1BG) aircraft.  Contracting Officer’s Statement and Memorandum of Law (COS/MOL) at 6.  The NGJ-Low Band (NGJ-LB) pod is one element of the Navy’s overall ALQ-99 replacement strategy.  Id.  This procurement, referred to as the NBJ-LB Capability Block 1 (CB-1-) requirement, is for the development, integration, and production of an operational prototype low band[1] jammer pod that will attach to the underside of the EA-18 Growler, to conduct electronic surveillance and electronic attacks to jam and otherwise counter enemy air defense.  Protest at 2.  The NGJ-LB CB-1 requirement addresses all the NGJ-LB pod components and their ability to attack well-known and understood threats from existing air defense systems.