Dynetics, Inc- a Leidos Company (NNH19ZCQ001K)

B-419783,B-419783.2,B-419783.3,B-419783.4 Jul 30, 2021 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights   Blue Origin Federation, LLC, of South Kent, Washington, and Dynetics, Inc.-A Leidos Company, of Huntsville, Alabama, protest their non-selection for awards and the award of optional contract line item numbers to Space Exploration Technologies Corp. (SpaceX), of Hawthorne, California, under Option A to Appendix H of Broad Agency Announcement (Option A BAA) No. NNH19ZCQ001K, which was issued by the National Aeronautics and Space Administration (NASA), for a demonstration mission for a human landing system (HLS) for lunar exploration. The protesters primarily contend that the agency was required to open discussions, amend, or cancel the Option A BAA when NASA, after the receipt of proposals, determined that it had less funding than it needed to support multiple awards for the HLS program. The protesters also argue that NASA unreasonably evaluated proposals.   We deny the protests. 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 Federation, LLC; Dynetics, Inc.-A Leidos Company File:  B-419783; B-419783.2; B-419783.3; B-419783.4 Date:  July 30, 2021 Scott E. Pickens, Esq., Scott N. Godes, Esq., and Matthew Michaels, Esq., Barnes & Thornburg LLP, for Blue Origin Federation, LLC; and, James J. McCullough, Esq., Michael J. Anstett, Esq., Anayansi Rodriguez, Esq., and Christopher H. Bell, Esq., Fried, Frank, Harris, Shriver & Jacobson LLP, and Deneen J. Melander, Esq., Michael L. Waldman, Esq., Jack A. Herman, Esq., and Courtney L. Millian, Esq., Robbins, Russell, Englert, Orseck & Untereiner LLP, for Dynetics, Inc.-A Leidos Company, the protesters. Kara L. Daniels, Esq., Nathaniel E. Castellano, Esq., Mark D. Colley, Esq., Thomas Pettit, Esq., and Aime Joo, Esq., Arnold & Porter Kaye Scholer LLP, for Space Exploration Technologies Corp., the intervenor. Brian M. Stanford, Esq., Allison M. Genco, Esq., Victoria H. Kauffman, Esq., and James A. Vatne, Esq., National Aeronautics and Space Administration, 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.  Significantly higher-priced offerors submitting proposals for a demonstration mission for a human landing system for lunar exploration, under a broad agency announcement (BAA) with a preference for two awards, argue that agency was required to advise them via an amendment or discussions (or otherwise cancel the BAA altogether) once the agency learned that it had less funding than it needed to support multiple awards for the effort.  We deny the protests because the BAA expressly put all offerors on notice that the number of awards was subject to available funding and the agency could make multiple contract awards, a single award, or no award at all.  See Discussion, Part II. 2.  Protests challenging the agency’s evaluation of proposals submitted in response to a BAA for research and development are denied because the agency’s evaluation was consistent with applicable procurement law, regulation, and solicitation terms, and, to the extent there were any errors, the protesters cannot establish any reasonable possibility of competitive prejudice.  See Discussion, Part III. 3.  Protests alleging that the agency waived a material solicitation requirement for the awardee is denied because the protesters cannot establish any reasonable possibility of competitive prejudice as a result of the agency’s decision to waive the requirement.  See Discussion, Part III. 4.  Subsequently withdrawn consultant application for admission to a protective order presented material concerns that the consultant engages in competitive decisionmaking, or, alternatively, presents an unacceptable risk of inadvertent disclosure of protected material, based on his employment as an executive officer of a non-profit entity that competes for federal contracts and other financial assistance agreements to conduct research and development in related space and aerospace fields.  See Discussion, Part I. DECISION Blue Origin Federation, LLC, of South Kent, Washington, and Dynetics, Inc.-A Leidos Company, of Huntsville, Alabama, protest their non-selection for awards and the award of optional contract line item numbers to Space Exploration Technologies Corp.