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B-414603,B-414603.2 1 (2017-07-26)

handle is hein.gao/gaobadtry0001 and id is 1 raw text is: 



GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                  Comptroller General
Washington, DC 20548                                            of the United States
                                        r- ......................................................................................................................
                                           DOCUMENT FOR PUBLIC RELEASE
       Ds                                The decision issued on the date below was subject to!
Decision                                 a GAO Protective Order. This redacted version has
                                         been approved for pulcrea.
                                           --e ---------- m~_o  __e__ _f__r_~_ blicree_as_e .................................................

Matter of:  Orbital Sciences Corporation

File:        B-414603; B-414603.2

Date:       July 26, 2017

Jason A. Carey, Esq., John W. Sorrenti, Esq., Luke W. Meier, Esq., Patrick J. Stanton,
Esq., and Evan R. Sherwood, Esq., Covington & Burling, LLP, for the protester.
David S. Cohen, Esq., John J. O'Brien, Esq., Laurel A. Hockey, Esq., Daniel Strouse,
Esq., and Amy J. Spencer, Esq., Cohen Mohr LLP, for the intervenor.
Alexander T. Bakos, Esq., and Komal A. Sadhwani, Esq., National Aeronautics and
Space Administration, for the agency.
Stephanie B. Magnell, Esq., and Amy B. Pereira, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

1. Protest is denied where the agency waived a solicitation requirement and the
protester did not allege that it was prejudiced by the waiver.

2. Protests challenging the agency's cost realism evaluation are denied, where the
record demonstrates that the agency's conclusions were reasonable with regard to the
awardee's proposed hours, and where the agency reasonably adjusted protester's costs.

3. Protest challenging the agency's past performance evaluation of the awardee is
denied, as the agency was not required to consider an inspector general report as part
of the evaluation.
DECISION

Orbital Sciences Corporation, of Greenbelt, Maryland, protests the award of a contract
to Universities Space Research Association (USRA), of Columbia, Maryland, under
request for proposals (RFP) No. NNA16579196R, which was issued by the National
Aeronautics and Space Administration (NASA) for science and mission operations
services in support of NASA's Stratospheric Observatory for Infrared Astronomy
(SOFIA), the world's largest airborne astronomical observatory. Orbital alleges that
NASA improperly waived or relaxed the solicitation's total compensation plan
requirement for USRA's proposal, failed to evaluate the difference in proposed hours
between Orbital and USRA, made an improper upward price adjustment to Orbital's

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