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GAO Denies Blue Origin and Dynetics Protests Over NASA HLS Award

By Keith Cowing
July 30, 2021
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GAO Denies Blue Origin and Dynetics Protests Over NASA HLS Award

GAO Statement on Blue Origin-Dynetics Decision – Protests Denied
“On Friday, July 30, 2021, the U.S. Government Accountability Office (GAO) denied protests filed by Blue Origin Federation, LLC, of South Kent, Washington, and Dynetics, Inc.-A Leidos Company, of Huntsville, Alabama. The protesters challenged 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 (the announcement) No. NNH19ZCQ001K. Broad Agency Announcements typically provide for the acquisition of basic and applied research for new and creative research or development solutions to scientific and engineering problems. The rules for these procurements are not the same as those for standard competitive federal procurements, as agencies generally enjoy broader discretion in selecting the proposals most suitable to meeting their research and development needs when utilizing broad agency announcement procedures. The announcement was issued by the National Aeronautics and Space Administration (NASA), for a demonstration mission for a human landing system for lunar exploration.”
In denying the protests, GAO first concluded that NASA did not violate procurement law or regulation when it decided to make only one award. NASA’s announcement provided that the number of awards the agency would make was subject to the amount of funding available for the program. In addition, the announcement reserved the right to make multiple awards, a single award, or no award at all. In reaching its award decision, NASA concluded that it only had sufficient funding for one contract award. GAO further concluded there was no requirement for NASA to engage in discussions, amend, or cancel the announcement as a result of the amount of funding available for the program. As a result, GAO denied the protest arguments that NASA acted improperly in making a single award to SpaceX.

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