Decision Released: Court of Federal Claims Denies Evaluation Criteria and Conflict of Interest Protest for NASA – RFP 80GRC022R0016

No. 24-1165C

Background

In this post-award bid protest, ZIN Technologies, Inc. (“ZIN Tech”), the incumbent contractor, challenges the U.S. National Aeronautics and Space Administration’s (“NASA” or the “Agency”) award of Request for Proposals No. 80GRC022R0016 (the “Solicitation”) to Sierra Lobo, Inc. (“SLI”).  ZIN Tech alleges that NASA failed to apply the Solicitation’s stated evaluation criteria consistently to ZIN Tech and SLI, resulting in an arbitrary decision to award the contract to SLI and not to ZIN Tech.  Further, ZIN Tech argues that the award is tainted by an unmitigated organizational conflict of interest (“OCI”) created by SLI’s major subcontractor Leidos.

ZIN Tech filed a Motion for Judgment on the Administrative Record on August 27, 2024.  ZIN Tech seeks a permanent injunction preventing NASA from proceeding with the contract award and asks the Court to set aside NASA’s award.  The Government filed its Response and Cross-Motion for Judgment on the Administrative Record.  The Motions are fully briefed.

Discussion

A performed an OCI review and analysis during its evaluation of proposals. AR 8396-418. NASA reviewed the OCI Plan that SLI submitted with its proposal, and NASA performed its own independent review of potential OCIs arising from other contacts held by SLI and its subcontractors. AR 8396-418. NASA specifically evaluated potential OCIs presented by SLI’s major subcontractor, Leidos, due to Leidos’ role on other NASA projects.6 With respect to the LAMS Contract, NASA determined that there is no risk of an unfair competitive advantage …

Decision

On September 18, 2024, ZIN Tech filed an unopposed Motion for Leave to Supplement the Complaint.  ECF No. 33.  In the Motion, ZIN Tech states, “The U.S. Small Business Administration (“SBA”) Office of Hearings and Appeals (“OHA”) issued a decision during the pendency of this protest, concerning a Size Determination of Defendant-Intervenor, Sierra Lobo.”  ECF No. 33 at 1.  ZIN Tech further explains in its Motion that the size determination was issued in connection with the same procurement at issue in this protest.  ECF No. 33 at 1.  The Court granted ZIN Tech’s Motion and adopted the proposed supplemental briefing schedule for the size protest issue.  ECF No. 34.

ZIN Tech filed a Motion for Judgment on the Administrative Record concerning its Size Protest and Appeal.  In its Motion, ZIN Tech argues that the OHA’s conclusion that SLI is an eligible small business was arbitrary, capricious, unreasonable, and the product of clear legal error.  ZIN Tech seeks a permanent injunction preventing NASA from proceeding with the contract award until a proper determination of SLI’s small business status is complete, and ZIN Tech asks the Court to set aside NASA’s award.  The Government and Intervenor filed their respective Cross-Motions.  The Motions are fully briefed.

Oral argument is unnecessary.  Because both NASA and the OHA properly documented their decisions and their analysis is reasonable, the Government’s and Intervenor’s Motions for Judgment on the Administrative Record are GRANTED and ZIN Tech’s Motions are DENIED.

Read the decision here.

🔊 Listen to Story