L3Harris Technologies, Inc. (80GSFC22R0055)

B-422006,B-422006.2 Dec 20, 2023 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights L3Harris Technologies, Inc. (L3Harris), of Fort Wayne, Indiana, protests the award of a contract to Ball Aerospace & Technologies Corporation (Ball), of Boulder, Colorado, under request for proposals (RFP) No. 80GSFC22R0055, issued by the National Aeronautics and Space Administration (NASA), Goddard Space Flight Center (GSFC) for the geostationary extended observations (GeoXO) sounder (GXS) instrument implementation. The GXS will provide, for the first time, sounding observations of the western hemisphere from geostationary orbit with critical information that will be used for weather prediction. The protester challenges the agency's evaluation of proposals and the selection decision. The protester also argues that the agency failed to adequately consider the impact of the planned acquisition of Ball by BAE Systems plc (BAE) on the likely cost of performance. Additionally, the protester argues that the procurement is tainted by an appearance of impropriety after NASA appointed the senior Ball executive responsible for Ball's proposed technical approach to be NASA's new GSFC director. According to the protester, the taint arising from the agency's action can only be cured by disqualifying Ball and making an award to L3Harris. We deny the protest. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. The entire decision has been approved for public release. Decision Matter of: L3Harris Technologies, Inc. File: B-422006; B-422006.2 Date: December 20, 2023 Andrew E. Shipley, Esq., Philip E. Beshara, Esq., Elizabeth J. D’Aunno, Esq., Douglas W. Gates, Esq., and Jarrod R. Carman, Esq., Wilmer Cutler Pickering Hale and Dorr LLP, for the protester. Marcia G. Madsen, Esq., Luke Levasseur, Esq., Evan C. Williams, Esq., and Jason C. Coffey, Esq., Mayer Brown LLP, for the intervenor. Adam Supple, Esq., Marla Harrington, Esq., and Kristin Pollard Kiel, Esq., National Aeronautics and Space Administration, for the agency. Charmaine A. Stevenson, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging agency’s evaluation of proposals and selection decision is denied where the record shows that the evaluation and selection decision were reasonable and consistent with the terms of the solicitation. 2. Protest challenging the cost realism analysis of the awardee’s proposal is denied where the record shows the agency’s computation of upward cost adjustments was reasonably based and adequately documented, and where the agency reasonably concluded that an impending corporate transaction would not materially impact the cost of performance or the awardee’s ability to perform the contract. 3. Protest alleging that the timing of agency’s hiring decision created an unmitigable appearance of impropriety is denied where the facts do not establish any impropriety requiring disqualification of the awardee, or a conflict of interest that impaired the source selection authority’s ability to render an impartial decision. DECISION L3Harris Technologies, Inc. (L3Harris), of Fort Wayne, Indiana, protests the award of a contract to Ball Aerospace & Technologies Corporation (Ball), of Boulder, Colorado, under request for proposals (RFP) No. 80GSFC22R0055, issued by the National Aeronautics and Space Administration (NASA), Goddard Space Flight Center (GSFC) for the geostationary extended observations (GeoXO) sounder (GXS) instrument implementation. The GXS will provide, for the first time, sounding observations of the western hemisphere from geostationary orbit with critical information that will be used for weather prediction. The protester challenges the agency’s evaluation of proposals and the selection decision. The protester also argues that the agency failed to adequately consider the impact of the planned acquisition of Ball by BAE Systems plc (BAE) on the likely cost of performance. Additionally, the protester argues that the procurement is tainted by an appearance of impropriety after NASA appointed the senior Ball executive responsible for Ball’s proposed technical approach to be NASA’s new GSFC director. According to the protester, the taint arising from the agency’s action can only be cured by disqualifying Ball and making an award to L3Harris. We deny the protest. BACKGROUND The RFP was issued on February 10, 2023, using the negotiated contracting procedures of Federal Acquisition Regulation (FAR) part 15, and contemplated the award of a contract for the GXS, a hyperspectral infrared instrument that is planned to fly on the GeoXO program series of geostationary satellites. Agency Report (AR), Exh.