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B-409566 1 (2014-06-16)

handle is hein.gao/gaobadqnb0001 and id is 1 raw text is: G A O Comptroller General Accountabilty * 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 Decision [e for pic release. Matter of: New Mexico State University File: B-409566 Date: June 16, 2014 Marshall J. Doke, Jr., Esq., Gardere Wynne Sewell LLP, for the protester. Daniel E. Chudd, Esq., and Damien C. Specht, Esq., Jenner & Block LLP, for Orbital Sciences Corporation, an intervenor. Alexander T. Bakos, Esq., Daniel C. Hymer, Esq., and James A. Vatne, Esq., National Aeronautics and Space Administration, for the agency. Scott H. Riback, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging solicitation's terms that call for the normalization of certain costs among all prospective offerors is denied where record shows that such normalization is intended to promote competition among prospective non-incumbent offerors. DECISION New Mexico State University (NMSU), of Las Cruces, New Mexico, protests the terms of request for proposals (RFP) No. NNG14436908R, issued by the National Aeronautics and Space Administration (NASA) for operation and maintenance of the agency's Columbia Scientific Balloon Facility (CSBF), as well as several other balloon launch facilities at various locations worldwide. NMSU maintains that the RFP improperly excludes from competition or evaluation the cost of various elements of the agency's requirements. We deny the protest. BACKGROUND The RFP contemplates the award of a hybrid type contract that combines a cost- plus-fixed-fee (CPFF) element for the agency's core requirements, plus an indefinite-delivery, indefinite-quantity (IDIQ) element under which the agency can issue additional delivery orders for a base period of 20 months, an option period of

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