HMX, Inc., B-291102, November 4, 2002

B-291102 Nov 04, 2002 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights A protest challenging the agency's rejection of a proposal for a commercial item that took exception to the NRA's stated data requirements is an untimely challenge to the terms of the NRA where the protest is first filed with the agency after the closing time for submitting proposals. 2. Is one of three major programs that include safety upgrades to the Space Shuttle (i.e. The first generation reusable launch vehicle) under NASA's Integrated Space Transportation Plan. /1/ The second generation reusable launch vehicle program has two phases: phase I was the solicitation of a wide range of research ideas regarding possible reusable launch vehicle architectures and appropriate risk reduction tasks. View Decision HMX, Inc., B-291102, November 4, 2002 * Redacted Decision DIGEST Attorneys DECISION HMX, Inc. protests the evaluation and rejection of its proposal by the National Aeronautics and Space Administration (NASA) under NASA research announcement (NRA) 8-30 Cycle II for second-generation reusable launch vehicle systems engineering and risk reduction. We deny the protest. This launch vehicle program, also known as the U.S. Space Launch Initiative, is one of three major programs that include safety upgrades to the Space Shuttle (i.e., the first generation reusable launch vehicle) under NASA's Integrated Space Transportation Plan. /1/ The second generation reusable launch vehicle program has two phases: phase I was the solicitation of a wide range of research ideas regarding possible reusable launch vehicle architectures and appropriate risk reduction tasks, and phase II will be for more focused activities to finalize architecture preliminary design and advanced development of high risk, high priority items. NRA 8-30 implements phase I. The NRA was issued under NASA's broad agency announcement (BAA) authority contained in NASA Federal Acquisition Regulation Supplement (NFARS), 48 C.F.R. Secs. 1835.016, 1835.016-71 (2001). /2/ An NRA is used to announce research interests in support of NASA's programs and, after peer or scientific review using factors listed in the NRA, to select proposals for funding. /3/ The NRA was organized into two cycles, with each cycle further organized by numerous technology areas (TA). Cycle II covered four TAs---TA-8 through TA-11. NASA issued the NRA on October 12, 2000, with Cycle II being initiated by amendment 8 on January 18, 2001. Agency Report at 3-4. It invited industry, educational institutions, non-profit organizations and U.S. government agencies (acting as part of a team led by industry or academia) to submit proposals for a broad range of systems engineering and risk reduction research activities. Agency Report, Tab G, NRA 8-30 Cycle II, at 4-5. NRA Cycle II was divided into two parts: part I contains instructions and evaluation factors common to all proposals, and part II contains the specific TA proposal instructions. /4/ Id. at 5, 13. The current protest concerns only TA-10. TA-10 of the NRA solicited proposals for flight demonstration of key areas of risk reduction technology development. Id. at 406. The part I common instructions identified four evaluation factors of "approximately equal importance": (1) relevance to NASA's objective, (2) intrinsic merit, (3) cost, and (4) past performance. Id. at 37. The instructions stated that "[t]o be considered for award, a submission must, at a minimum, . . . contain sufficient technical and cost information to permit a meaningful evaluation . . . not merely offer to perform standard services . . ." Id. at 26-27. More specifically, the NRA stated detailed requirements for the submission of cost data in cost proposals over $550,000. The NRA stated that such cost proposals "must contain certifiable cost or pricing data" and that cost proposals "shall be in sufficient detail to allow direct and indirect rate verification . . . [and] must include sufficient detail to support and explain all costs proposed, giving figures and narrative explanation." Id. at 30-31. Furthermore, the NRA included attachment 3, work breakdown structure (WBS), and attachment 19, element of cost details, and the NRA stated that offerors "shall submit cost/price data" by these attachments. Id. at 32, 106-109, 373-376. The NRA also stated technical data requirements. Id. at 25, 29, 131-137. The NRA stated that discussions would be conducted "only with those offerors that submit the most meritorious proposals." The NRA stated that the most meritorious proposals would be those that meet the launch vehicle program goals and objectives in accordance with the evaluation factors set forth in the NRA. Id. at 39. The closing date for submitting proposals was March 27, 2002. Id. at 5. The agency received five proposals under TA-10. HMX submitted a proposal to be both a prime contractor and a subcontractor under a proposal submitted by [DELETED].