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BAE knew that this capability does not presently exist via Io LS, and will not be available in the foreseeable future.

The CO explained that this flaw in the solicitation required the agency to take corrective action to clarify this important programmatic issue.

at 9 (citing AR, Tab 36y, Requirements Crosswalk (5-page summary detailing changes to capabilities)).

Here, the CO found that the reorganization of Old SAIC and the passage of time between the award to L-3 and the issuance of the revised RFP demonstrated that Old SAIC was not in a position to favor a future corporate entity consisting of the part of itself that would emerge from the reorganization, i.e., Leidos.

The identification of conflicts of interest is a fact-specific inquiry that requires the exercise of considerable discretion.Mc Connell Jones Lanier & Murphy, LLP, B‑409681.3, B-409681.4, October 21, 2015, 2015 CPD 341 at 13.12, 2001, 2001 CPD 210 at 4; Epoch Engg, Inc., B-276634, July 7, 1997, 97-2 CPD 72 at 5-7.The CO further explained that the revised solicitation made clear that offerors may not rely on Government middleware.The CO also concluded that another significant change in the revised solicitation related to 35 objective capabilities in the original solicitation that were deleted and replaced with either new or revised requirements.First, the CO noted the lapse of over 1 year between the reorganization of Old SAIC into Leidos and New SAIC, and the issuance of the revised RFP.The CO discounted the possibility that Old SAIC could have anticipated that, despite being barred from competing under the initial RFP, there would be a sequence of events that would later permit that firm, or some version of it, to participate in the competition.In this regard, the CO concluded that it was not foreseeable that the award under the initial solicitation would be made to L-3, that this award would result in a protest, that the Army would take corrective action in response to the protest by cancelling the initial solicitation and issuing a revised solicitation, and that the revised solicitation would be issued at a time after the reorganization of Old SAIC into two successor entities, one of which would compete for the award.The CO also concluded that changes in the revised solicitation mitigated the potential that Old SAICs role could have skewed the competition in favor of Leidos‑-that is, affect the solicitation in a way that might favor a future, reorganized version of the company.Therefore, the record shows that the contracting officer concluded that the program manager should have been recused from acquisition-related activities well before reviewing the contents of the program managers ND/CI statement.As relevant here, an unequal access to information OCI exists where a firm has access to nonpublic information, and that information may provide the firm a competitive advantage in a competition for a government contract.


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