Blue Origin Florida, LLC

B-417839 Nov 18, 2019 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Blue Origin Florida, LLC, of Merritt Island, Florida, protests the terms of request for proposals (RFP) No. FA8811-19-R-0002, issued by the Department of the Air Force, for the National Security Space Launch (NSSL) Phase 2 Launch Service Procurement, which seeks to procure commercial item launch services for NSSL missions. Blue Origin alleges that several terms of the RFP unduly restrict competition, are ambiguous, or are inconsistent with customary commercial practice. We sustain the protest in part and deny it in part. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This version has been approved for public release. Decision Matter of:  Blue Origin Florida, LLC File:  B-417839 Date:  November 18, 2019 Scott E. Pickens, Esq., Scott N. Godes, Esq., Michael A. Hordell, Esq., and Matthew J. Michaels, Esq., Barnes & Thornburg LLP, for the protester. Alexis J. Bernstein, Esq., Heather M. Mandelkehr, Esq., Erika L. Whelan Retta, Esq., and Jonathan P. Widmann, Esq., Department of the Air Force, for the agency. Evan D. Wesser, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest challenging the solicitation’s basis for award that will use a methodology predicated on the agency’s determination of which combination of two independently developed proposals offers the best value to the government is sustained where the methodology does not provide an intelligible, common basis on which offerors will be expected to compete and have their proposals evaluated. 2.  Protest alleging that the agency’s acquisition strategy will unduly restrict competition and result in de facto sole-source acquisition procedures is denied where the record shows that the terms of the solicitation are reasonably necessary to meet the agency’s needs, and the protester’s policy objections fail to state cognizable bases of protest within our Office’s bid protest jurisdiction.  3.  Protest challenging the solicitation’s price evaluation methodology as ambiguous is denied where the record shows that the terms of the solicitation provide sufficient information to allow offerors to intelligently prepare their proposals on a common basis. 4.  Protest challenging provisions in a commercial item solicitation as contrary to customary commercial practice is denied where the protester does not show that the provisions are inconsistent with customary commercial practice. DECISION Blue Origin Florida, LLC, of Merritt Island, Florida, protests the terms of request for proposals (RFP) No. FA8811-19-R-0002, issued by the Department of the Air Force, for the National Security Space Launch (NSSL) Phase 2 Launch Service Procurement, which seeks to procure commercial item launch services for NSSL missions.  Blue Origin alleges that several terms of the RFP unduly restrict competition, are ambiguous, or are inconsistent with customary commercial practice. We sustain the protest in part and deny it in part. BACKGROUND It is the policy of the United States for the President to undertake actions appropriate to ensure, to the maximum extent practicable, that the United States has the capabilities necessary to launch and insert United States national security payloads into space whenever such payloads are needed in space.  10 U.S.C. § 2273(a).  In order to ensure that space launch actions meet these assured access to space requirements, federal law dictates that, at a minimum, the President is to provide resources and policy guidance to sustain:  (1) the availability of at least two space launch vehicles (or families of space launch vehicles) capable of delivering into space any payload designated by the Secretary of Defense or the Director of National Intelligence as a national security payload; (2) a robust space launch infrastructure and industrial base; and (3) the availability of rapid, responsive, and reliable space launches for national security space programs to – (a) improve the responsiveness and flexibility of a national security space system; (b) lower the costs of launching a national security space system; and (c) maintain risks of mission success at acceptable levels.  10 U.S.C.