HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.gao/gaobadavt0001 and id is 1 raw text is:
G A 0Comptroller General
Accountability * Integrity * Reliability of the United States
United States Government Accountability Office DOCUMENT FOR PUBLIC RELEASE
Washington, DC 20548 The decision issued on the date below was subject to a
GAO Protective Order. This redacted version has been
approved for public release.
Decision
Matter of: PlanetSpace, Inc.
File: B-401016; B-401016.2
Date: April 22, 2009
Joel Van Over, Esq., Robert S. Metzger, Esq., John E. Jensen, Esq., Evan D. Wesser,
Esq., Jack Y. Chu, Esq., Orest J. Jowyk, Esq., and Daniel S. Herzfeld, Esq., Pillsbury,
Winthrop, Shaw & Pittman, for the protester.
David A. Churchill, Esq., Kevin C. Dwyer, Esq., William R. Stoughton, Esq., Amy L.
Tenney, Esq., Daniel E Chudd, Esq., and Caroline E. Keller, Esq., Jenner & Block, for
Orbital Sciences Corporation, an intervenor.
Vincent A. Salgado, Esq., Kevin Love, Esq., and Steven Mirmina, Esq., National
Aeronautics and Space Administration, for the agency.
David A. Ashen, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST
1. Protest is denied in procurement for commercial resupply services for
International Space Station where source selection authority reasonably determined
that outstanding and very good past performance of protester's proposed
subcontractors did not warrant an overall significant strength where protester itself
lacked significant relevant past performance and technical expertise, leaving
subcontractors responsible for technical performance and approximately
[REDACTED]% of overall contract effort.
2. Protest is denied in procurement for commercial resupply services for
International Space Station where agency reasonably ascertained significant
financial risk to the government from protester's proposal under fixed-price prime
contract to subcontract technical performance and approximately [REDACTED]% of
overall contract effort; significant development and integration work, the risk and
cost of which was underestimated, was to be performed by subcontracting on a cost
basis; protester's business case, although reflecting additional unrealistically
optimistic assumptions, nevertheless assumed that cost of performing would exceed
contract payments until last year of contract; protester had limited contract
management resources; and protester, a recently organized entity, proposed to
finance performance using only minimal internal financial resources, depending](ViewImageLocal?handle=hein.gao/gaobadavt0001&div=1&collection=&method=preview&ext=.png&size=3)