Detailed Insight Into GAO Ruling on Blue Origin DoD Contract Award Protest

GAO: Decision Matter of: Blue Origin Florida, LLC File: B-417839

"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.""

"Blue Origin raises multiple challenges to the terms of the RFP, alleging that the RFP includes terms that unduly restrict competition, are ambiguous, or are inconsistent with customary commercial practice. We note at the outset that the determination of the government's needs and the best method of accommodating them is primarily the responsibility of the procuring agency. ACME Endeavors, Inc., B-417455, June 25, 2019, 2019 CPD ¶ 224 at 2. Our Office will not sustain a protest challenging an agency's determination of its needs unless the protester presents clear and convincing evidence that the specifications are in fact impossible to meet or unduly restrict competition. Instrument Control Servs., Inc.; Science Mgmt. Resources, Inc., B‑289660, B-289660.2, Apr. 15, 2002, 2002 CPD ¶ 66 at 6. For the reasons that follow, we find that the Air Force's "when combined" basis for award fails to provide an intelligible basis upon which offerors are expected to compete, and therefore sustain the protest on that basis. We otherwise find no basis on which to sustain the protest.[7]"

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This page contains a single entry by Keith Cowing published on November 22, 2019 4:41 PM.

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