North American Aviation Co. (NAA) hired Gerry, who had been a contracting officer's technical representative (COTR), on a program on which NAA was making a proposal. NAA won the procurement. They hired Gerry, and made the former COTR the project manager of the program. Boeing, the unsuccessful bidder on the program protested the award, citing that such award constituted a personal conflict of interest, prohibited by FAR subpart 9.5. What should the result be? Give your analysis.