Microcosm, Inc., B-277326; B-277326.2; B-277326.3; B-
Case: B-277326
Agency:
Protester: Microcosm, Inc., B
Date: 1997-09-30
Denied
Microcosm, Inc., B-277326; B-277326.2; B-277326.3; B-
BNUMBER: B-277326; B-277326.2; B-277326.3; B-277326.4; B-277326.5
DATE: September 30, 1997
TITLE: Microcosm, Inc., B-277326; B-277326.2; B-277326.3; B-
277326.4; B-277326.5, September 30, 1997
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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.
Matter of:Microcosm, Inc.
File: B-277326; B-277326.2; B-277326.3; B-277326.4; B-277326.5
Date:September 30, 1997
Alfred J. Verdi, Esq., for the protester.
Timothy A. Harness, for Summa Technology, Inc., and John R. Grady, for
Universal Space Lines, the intervenors.
Vincent A. Salgado, Esq., and Louis R. Durnya, Esq., National
Aeronautics & Space Administration, for the agency.
Christina Sklarew, Esq., and Paul Lieberman, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Where protester's proposal under broad agency announcement failed to
include sufficient technical information to establish viability of
proposed research, agency reasonably determined that technical success
was improbable and properly determined not to fund proposal.
DECISION
Microcosm, Inc. protests the National Aeronautics & Space
Administration's (NASA) evaluation and rejection of its proposal under
NASA research announcement (NRA) 8-19, issued for low-cost
earth-to-orbit transportation systems research proposals. Microcosm
alleges that NASA failed to evaluate the protester's proposal fairly,
failed to communicate with the protester regarding certain aspects of
its proposal, relaxed certain of the NRA requirements for the
awardees, and used competitive procurement evaluation procedures which
were not appropriate for NRAs.
We deny the protest.
This procurement was conducted under NASA's Broad Agency Announcement
(BAA) authority contained in NASA Federal Acquisition Regulation
Supplement (NFARS) sec. 1835.016-70. A BAA is a contracting method by
which government agencies can acquire basic and applied research.
BAAs may be used by agencies to fulfill requirements for scientific
study and experimentation directed toward advancing the state of the
art or increasing knowledge or understanding rather than focusing on a
specific system or hardware solution. A BAA is considered a
competitive procedure and meets the requirements for full and open
competition if it is general in nature, identifying areas of research
interest including criteria for selecting proposals; solicits the
participation of offerors capable of satisfying the government's
needs; and provides for peer or scientific review. Federal
Acquisition Regulation (FAR) sec. 6.102(d)(2). Unlike sealed bidding and
other negotiated procurement methods, a BAA does not contain a
specific statement of work and no formal solicitation is issued. In
addition, the issuing agency is under no obligation to award any
contracts and there is no common due date for proposals. Instead, the
agency identifies a broad area of interest within which research may
benefit the government and publishes its desire to contract for such
research. Private organizations are then invited to submit their
ideas within a certain period of time. The offerors who submit
proposals are not competing against each other but rather are
attempting to demonstrate that their proposed research meets the
agency's requirements. The agency may decide to fund those efforts
and award contracts to those offerors who submit ideas which the
agency finds suitable. See FAR sec. 35.016.
The BAA at issue is under NASA's Bantam System Technology Project, the
first phase of which was conducted under NRA 8-15, which focused on
other aspects of the project such as developing and demonstrating, in
ground tests, low cost components for propulsion systems, adapting
commercial manufacturing practices, utilizing commercial off-the-shelf
hardware, and other similar requirements. This NRA, for Phase II, is
intended to continue the technology maturation process by
demonstrating low recurring-cost technologies with a focus on flight
demonstrations.[1] NRA 8-19, in relevant part, solicited proposals
for innovative technology development and flight demonstration to
enable significant cost reduction in transporting small payloads to
low earth orbit. The NRA expressed NASA's goal for a new Bantam
transportation system of delivering small payloads (150 kilograms) to
low earth orbit (200 nautical miles sun synchronous) for a recurring
price of $1.5 million beginning in 2001. The Bantam System Technology
Project was divided into two proposal cycles.
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