AlphaSpaces--Reconsideration
Case: B-423971.3
Agency:
Date: 2026-05-04
Dismissed
B-423971.3
May 04, 2026
Jump To
VIEW DECISION
DOWNLOADS
RELATED PAGES
GAO CONTACTS
Highlights
AlphaSpaces, of Cupertino, California, requests reconsideration of our decision in AlphaSpaces, B-423971, B-423971.2, Jan. 21, 2026, in which we dismissed its protest challenging the elimination of its proposal from the competition under request for proposals (RFP) No. FA8811-24-R-0002, issued by the United States Space Force for the delivery of National Security Space Launch (NSSL) phase 3 lane 2 launch services. We dismissed the protest as untimely.
We dismiss the request for reconsideration.
View Decision
Decision
Matter of: AlphaSpaces--Reconsideration
File: B-423971.3
Date: May 4, 2026
Dinseh Atreya, for the protester.
Colonel Justin A. Silverman, Esq., and Siobhan K. Donahue, Esq., Department of the Air Force, for the agency.
Mary G. Curcio, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Request for reconsideration is dismissed where protester repeats arguments made during consideration of the protest; raises arguments that could have been but were not raised during consideration of the protest; and does not identify any errors of fact or law, or information not previously considered, that provide a basis for reconsideration.
DECISION
AlphaSpaces, of Cupertino, California, requests reconsideration of our decision in AlphaSpaces, B-423971, B-423971.2, Jan. 21, 2026, in which we dismissed its protest challenging the elimination of its proposal from the competition under request for proposals (RFP) No. FA8811-24-R-0002, issued by the United States Space Force for the delivery of National Security Space Launch (NSSL) phase 3 lane 2 launch services. We dismissed the protest as untimely.
We dismiss the request for reconsideration.
BACKGROUND
The agency issued the solicitation on October 4, 2023, using the negotiated contracting procedures of Federal Acquisition Regulation (FAR) part 15 for launch services to deliver multiple national security space missions as part of the NSSL program. AlphaSpaces, B-423971, B-423971.2, Jan. 21, 2026, at 1, 2. AlphaSpaces submitted a timely proposal in response to the solicitation. Req. for Dismissal at 1.[1]
On January 29, 2024, the contracting officer notified AlphaSpaces that its proposal was eliminated from the competition because it did not meet the solicitation's minimum gate requirement for an approved launch system certification plan in accordance with the new entrant certification guide. Req. for Dismissal, attach. 1, Unsuccessful Offeror Notice at 1. The notice informed AlphaSpaces that if it wanted a pre-award debriefing, it was required to submit a written request within three days of receipt of the notice. Id.
AlphaSpaces did not timely request a pre-award debriefing, and on February 13 the agency offered to provide AlphaSpaces with a post-award debriefing when the procurement was completed. On February 15, AlphaSpaces sent an email to the agency agreeing to receive a post-award debriefing. Req. for Dismissal, attach. 3, Feb. 13‑15, 2024, Emails at 1. In the February 15 email, AlphaSpaces included a request to keep its proposal active for award and asserted that the agency erroneously concluded that its proposal did not meet minimum gate requirements. Id.
Subsequently, the agency made three contract awards, and on April 11, 2025--over a year after AlphaSpaces' email agreeing to receive a post-award debriefing--provided AlphaSpaces with a post-award debriefing. Req. for Dismissal at 2; Req. for Dismissal, attach. 4, April 4, 2025, Email at 1. Following the debriefing, AlphaSpaces sent multiple emails to the agency, which included several questions. Req. for Dismissal, attach. 6, April 15‑16, 2025, Emails at 5. In these emails, AlphaSpaces stated that it “appealed” the source selection and requested that the agency sign a contract with AlphaSpaces. Id.
On April 16, the contracting officer responded to AlphaSpaces' questions. The contracting officer explained that AlphaSpaces' proposal was eliminated from further consideration because it failed to meet the solicitation's minimum gate requirement to propose a launch system that either is certified in accordance with the NSSL's New Entrant Certification Guide (NECG) or has an NSSL‑approved certification plan. Id. at 1. The contracting officer further informed AlphaSpaces that the debriefing was concluded, that there would be no further response to these or additional questions, and that this would be the contracting officer's last communication to AlphaSpaces. Id.
More than five months later, on September 29, AlphaSpaces filed its protest with our Office. AlphaSpaces argued that the evaluation of its proposal was unreasonable and that the agency improperly eliminated the proposal from the competition.
Full decision text continues on ProtestIntel...