Bid Protest

Brief

A satellite launch provider was awarded a sole source contract for over US$11 billion of launches by the US Department of Defense. A competing commercial launch provider challenged the award on more than one basis, including that the awardee’s price was several multiples of the commercial launch provider’s price, thus making it unreasonably expensive for the US Government to purchase.

What we did

HKA experts were retained by the awardee’s counsel to analyze pricing issues related to the client’s pricing model and the proposed pricing in relation to the technical requirements of the contract. Our experts performed detailed analysis of an US$11+ billion pricing model and identified key inconsistencies in the protester’s arguments related to the proposed contract pricing.  We submitted two declarations on behalf of the awardee, which were filed at the U.S. Court of Federal Claims.

Outcomes

The parties reached a mutually agreeable settlement after the issuance of expert declarations, motions, and hearings on the issues.