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

B-419560.3,B-419560.4,B-419560.5,B-419560.7 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-0069, issued by the Department of the Navy, Naval Air Systems Command (NAVAIR), for an aircraft-mounted jamming system for low band radar. This procurement is referred to as the Next Generation Jammer-Low Band (NGJ-LB) Capability Block 1 (CB-1) acquisition. The protester alleges that the agency failed to reasonably consider the impact of an apparent conflict of interest stemming from the actions of a government employee who developed specifications for the solicitation while at the same time negotiated for employment with L3Harris, a competitor and ultimate awardee under the solicitation. We sustain the protest. 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‑‑Mission Systems File:  B-419560.3; B-419560.4; B-419560.5; B-419560.7 Date:  August 18, 2021 Jason A. Carey, Esq., Kayleigh Scalzo, Esq., J. Hunter Bennett, Esq., Peter B. Terenzio III, Esq., and Paul Rowley, Esq., Covington & Burling, LLP, for the protester. Craig A. Holman, Esq., Mark D. Colley, Esq., Kara L. Daniels, Esq., Michael McGill, Esq., Thomas A. Pettit, Esq., and Trevor Schmtt, Esq., Arnold & Porter Kaye Scholer LLP, for L3 Technologies, Inc. Communication Systems‑West, the intervenor. Theresa M. Francis, Esq., Patrick R. Vanderpool, Esq., Talor Marie Rudolph, Esq., and 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 Protest is sustained where agency failed to reasonably consider potential impact of a conflict of interest created by a government employee who developed specifications for solicitation while simultaneously engaging in employment negotiations with firm that ultimately received award under the solicitation. 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-0069, issued by the Department of the Navy, Naval Air Systems Command (NAVAIR), for an aircraft‑mounted jamming system for low band radar.  This procurement is referred to as the Next Generation Jammer-Low Band (NGJ-LB) Capability Block 1 (CB-1) acquisition.  The protester alleges that the agency failed to reasonably consider the impact of an apparent conflict of interest stemming from the actions of a government employee who developed specifications for the solicitation while at the same time negotiated for employment with L3Harris, a competitor and ultimate awardee under the solicitation.  We sustain the protest.[1] BACKGROUND The NGJ-LB system is part of a larger Next Generation Jammer (NGJ) system that will augment and replace the ALQ-99 tactical jamming system currently used on the Navy’s EA‑18G aircraft for airborne electronic attack.  Agency Report (AR), Tab J, Program Streamlined Acquisition Plan (PSTRAP) at 2.  The ALQ-99 system, which has operated since 1971, provides very low, low, medium, and high radio frequency band radar and communication jamming capability for the aircraft.  AR, Tab AA, RFP Statement of Work (SOW) at 5.  The NGJ-LB system is intended to counter low radio frequency band electronic attacks.  AR, Tab J, PSTRAP at 2.  Procurement History On November 17, 2017, the Navy issued a broad agency announcement (BAA) No. N0019‑18‑R‑0008 for the award of demonstration of existing technologies (DET) contracts to gather information for development of the NGJ‑LB system.  The Navy wanted to learn whether technologies existed and whether the technologies could be integrated into a podded solution that met the Navy requirements as installed on the EA-18G aircraft.  AR, Tab L-5.1, BAA No. N0019‑18‑R‑0008 at 3.[2]  In October 2018, the agency awarded two DET contracts,[3] one to Northrop and a second to L3 Technologies, Inc.[4]  AR, Tab L-6, Northrop DET Contract; AR, Tab L-7, L3Harris DET Contract.  During DET contract performance, Navy employees worked closely with both contractors to develop and test contractor developed jammer pod prototypes.  AR, Tab L‑5.1, BAA No. N0019‑18‑R‑0008, at 73-76.  The data gathered from both DET contracts aided the Navy in drafting specifications for the NGJ-LB CB-1 procurement at issue in this case.  Id.