Raytheon Intelligence & Space- Electronic Warfare Self Protect Systems (N00019-21-R-0050)

B-421672.1,B-421672.2 Aug 17, 2023 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Raytheon Intelligence & Space, Electronic Warfare Self Protect Systems, of Goleta, California, protests the Department of the Navy, Naval Air Systems Command's (NAVAIR) decision to exclude Raytheon from competing under request for proposals (RFP) No. N00019-21-R-0050, for the engineering, manufacturing, and development (EMD) of a dual band decoy (DBD). Raytheon contends that the agency's decision to exclude the firm from the competition because of an actual or apparent unfair competitive advantage resulting from the employment of a former government employee was unreasonable, and so delayed that it deprived Raytheon of any opportunity to mitigate the issue. We deny 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: Raytheon Intelligence & Space, Electronic Warfare Self Protect Systems File: B-421672.1; B-421672.2 Date: August 17, 2023 Kevin P. Connelly, Esq., Kelly E. Buroker, Esq., Jeffrey M. Lowry, Esq., and Tamara Droubi, Esq., Vedder Price P.C., for the protester. Scott M. McCaleb, Esq., Jon W. Burd, Esq., Sarah B. Hansen, Esq., and W. Benjamin Phillips, III, Esq., Wiley Rein LLP, for BAE Systems Information and Electronic Systems Integration Inc., the intervenor. James Travis, Esq., Cristina Costa de Almeida, Esq., and Theresa M. Francis, Esq., Department of the Navy, for the agency. Samantha S. Lee, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest of exclusion from the competition is denied where the documented record supports the agency’s reasonable conclusion that the protester’s hiring and employment of a former government employee created an actual or apparent unfair competitive advantage. 2. Agency’s determination regarding an actual or apparent unfair competitive advantage was not unduly delayed. DECISION Raytheon Intelligence & Space, Electronic Warfare Self Protect Systems, of Goleta, California, protests the Department of the Navy, Naval Air Systems Command’s (NAVAIR) decision to exclude Raytheon from competing under request for proposals (RFP) No. N00019-21-R-0050, for the engineering, manufacturing, and development (EMD) of a dual band decoy (DBD). Raytheon contends that the agency’s decision to exclude the firm from the competition because of an actual or apparent unfair competitive advantage resulting from the employment of a former government employee was unreasonable, and so delayed that it deprived Raytheon of any opportunity to mitigate the issue. We deny the protest. BACKGROUND The DBD program is intended to replace the currently fielded decoys used in the F/A‑18E/F aircraft by “developing and implementing an expanded next generation towed radio frequency (RF) self-protection decoy on the aircraft.” Contracting Officer’s Statement and Memorandum of Law (COS/MOL) at 5.[1] Due to the next generation requirements and the existing industry capabilities at the time the DBD program was established, the Navy decided to use an evolutionary (or phased) approach to the procurement. Id. For the first phase--the demonstration of existing technologies (DET)‑‑NAVAIR’s Advanced Tactical Aircraft Protection Systems Program (PMA-272) awarded two DBD DET contracts; the purpose of which was to “increase the Government’s knowledge and understanding regarding existing technologies that could be applied toward the development of an expanded DBD.” Id. at 6. For this next phase--the DBD EMD--NAVAIR anticipates award of a single cost-plus-inventive-fee contract for the engineering to design, develop, integrate, test, and produce the DBD. Protest at 8. The former government employee who is relevant to this protest (referred to throughout this decision as X) was employed by the Navy at the Naval Warfare Center Weapons Division (NAWCWD),[2] beginning in October 1989, as a mathematician. Agency Report (AR), Exh. A, Determination & Findings (D&F) at 7. From 2012 to 2014, X completed a rotational tour with PMA-272, where he received his first exposure to DBD technology. Id.