Kayhan Space Corporation (1305M424R0047)

B-423221,B-423221.2 Mar 12, 2025 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Kayhan Space Corp., of Lafayette, Colorado, protests the award of a contract to Slingshot Aerospace, Inc., of Colorado Springs, Colorado, under request for proposals (RFP) No. 1305M424R0047, issued by the Department of Commerce (DOC), National Oceanic and Atmospheric Administration (NOAA), for a presentation layer for the Traffic Coordination System for Space (TraCSS). The protester asserts that the agency unreasonably and unequally evaluated proposals, that the solicitation contained a latent ambiguity, and that the awardee imposed an impermissible condition upon the agency and proposed an unbalanced price. We deny the protest. View Decision Decision Matter of: Kayhan Space Corporation File: B-423221; B-423221.2 Date: March 12, 2025 Jonathan Perrone, Esq., Joshua Sather, Esq., and Timothy Turner, Esq., Whitcomb Selinsky, PC, for the protester. Carla Weiss, Esq., Logan Kemp, Esq., and Annie Hudgins, Esq., Nichols Liu, LLP, for Slingshot Aerospace, Inc., the intervenor. Jillian Stern, Esq., Department of Commerce, for the agency. Christine Milne, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that the agency unreasonably and unequally evaluated proposals is denied where the record shows the agency evaluated proposals in accordance with the terms of the solicitation and did not engage in disparate treatment. 2. Protest that the solicitation contained a latent ambiguity regarding past performance is denied where the record shows that the solicitation did not require a past performance evaluation. 3. Protest that the awardee’s proposal placed a condition on the agency is denied where the record shows the awardee made an additional offering that was not required by the solicitation and did not condition its agreement to meet the requirements. 4. Protest that the agency failed to evaluate the awardee’s proposal for unbalanced pricing is denied where the record shows the agency evaluated the awardee’s proposal for unbalanced pricing in accordance with the terms of the solicitation. DECISION Kayhan Space Corp., of Lafayette, Colorado, protests the award of a contract to Slingshot Aerospace, Inc., of Colorado Springs, Colorado, under request for proposals (RFP) No. 1305M424R0047, issued by the Department of Commerce (DOC), National Oceanic and Atmospheric Administration (NOAA), for a presentation layer for the Traffic Coordination System for Space (TraCSS). The protester asserts that the agency unreasonably and unequally evaluated proposals, that the solicitation contained a latent ambiguity, and that the awardee imposed an impermissible condition upon the agency and proposed an unbalanced price. We deny the protest. BACKGROUND On June 18, 2018, the President signed Space Policy Directive-3, National Space Traffic Management Policy, to develop a new approach to space traffic management because of increased commercial activity in space causing congestion. The White House, Space Policy Directive-3, National Space Traffic Management Policy, https://trumpwhitehouse.archives.gov/presidential-actions/space-policy-… (last visited Mar. 5, 2025). Under this policy directive, the DOC is to “make space safety data and services available to the public, while the Department of Defense maintains the authoritative catalogue of space objects.” NOAA, Office of Space Commerce, President Signs Space Traffic Management Policy, https://www.space.commerce.gov/president-signs-space-traffic-management… (last visited Mar. 5, 2025). To execute this policy directive, NOAA’s Office of Space Commerce is working to develop TraCSS. Agency Report (AR), Tab 1B, RFP, attach. 1, Performance Work Statement (PWS) at ¶ 1.2. TraCSS is the system that ingests, archives, processes, and disseminates space situational awareness data and products. Id. The RFP was issued on August 1, 2024, to acquire technology services to create a presentation layer for TraCSS. This presentation layer consists of a user interface and the user experience for the system. AR, Tab 1, RFP at 1; Contracting Officer’s Statement (COS) at 1. The RFP was issued pursuant to Federal Acquisition Regulation (FAR) subpart 12.6 and part 15, as a hybrid fixed-price and time-and-materials contract to be performed over a 1-year base period, and four 1-year option periods. RFP at 1-2. The contract included four contract line item numbers (CLINs), which were the same for each period of the contract. Id. at 1. CLIN 0001 required pricing for a software license for the presentation layer, CLIN 0002 required pricing for the labor and developmental services that would be used to create the presentation layer, CLIN 0003 required pricing for other direct costs, and CLIN 0004 required pricing for travel expenses. Id.