GAO Releases Document Explaining Rejection of Sierra Nevada Protest

The Government Accountability Office (GAO) has released a redacted version of its decision rejecting Sierra Nevada’s protest of NASA’s award of commercial crew contracts to Boeing and SpaceX.

“In sum, our review of Sierra Nevada’s challenges and the underlying evaluation record in this case provides no basis on which our Office would sustain the protest,” the document concludes. “In our view, the SEB [source evaluation board] reports and SSD [source selection decision] demonstrate an evaluation of schedule and the agency’s 2017 goal consistent with the plain terms of the RFP [request for proposal].

“The agency’s evaluation of the realism of SpaceX’s low price, and its available financial resources, was similarly consistent with the terms of the RFP. Finally, our review of the record shows that the agency’s evaluation under the mission suitability and past performance evaluation factors was reasonable, and did not reflect unequal treatment of the proposals,” the document reads.

The decision also includes the following synopsis of the specific protests that were denied:

  1. Protest that the agency improperly elevated the importance of a solicitation goal to a de facto requirement is denied where the evaluation was consistent with the stated criteria.
  2. Protest challenging the agency’s determination that the awardee’s fixed price was realistic is denied where the agency reasonably considered various factors supporting the awardee’s low price.
  3. Protest of the agency’s technical evaluation is denied where the evaluation was reasonable, consistent with the stated criteria, and not unequal.
  4. Protest of the agency’s past performance evaluation is denied where the agency conducted a reasonable evaluation of the offeror’s past performance references, and gave effect to all elements of the evaluation set forth in the RFP.

You can read the full report here.