(Editor's Note: This story has been updated with confirmation that SDA Director Derek Tournear was the official referenced in the court documents.)
Space Development Agency Director Derek Tournear violated the Procurement Integrity Act, leading the agency to rebid a portion of its Tranche 2 Transport Layer, according to recent court documents.
The documents don't name Tournear, but state that SDA needs to correct “the impact that the communications between the SDA’s previous source selection official and Tyvak [Nano-Satellite Systems] had on Tyvak’s award.”
Tournear was the source-selection official, an SDA spokesperson confirmed to Inside Defense today. He was put on administrative leave, the Air Force had announced Jan. 16, pending an unspecified investigation.
In emails, Tournear warned Tyvak Nano-Satellite Systems that its proposal would not be picked because it was second-highest in price, told Tyvak and two contractors what his expectations for pricing were and advised the company to “partner in the source selection,” according to documents filed by the Defense Department with the U.S. Court of Federal Claims earlier this month
The head of the contracting authority, Maj. Gen. Alice Trevino, found these communications violated the Procurement Integrity Act and determined a rebid of Tyvak’s portion of the contract without involvement of the “former source-selection official” or Source Selection Advisory Council (SSAC) chair was needed, the document states.
SDA needs to correct “the impact that the communications between the SDA’s previous source-selection official and Tyvak [Nano-Satellite Systems] had on Tyvak’s award.”
The rebid disclosure, first reported by Aviation Week, stems from Viasat’s bid protest against the SDA regarding the award of the T2TL Gamma contract, which went to Tyvak -- now part of Terran Orbital -- and York Space Systems.
Trevino 10 satellites contracted to York were not affected by the violation.
Tyvak was awarded $254 million, and York was awarded $170 million.
Breaking Defense had previously reported Tournear’s leave was related to the bid protest.
The SDA will coordinate with Trevino to pick a source-selection officer and SSAC chair for the new competition, the court documents state.
A new award is not a sure thing, though.
Solicitations for Tranche 3 are already expected for later this calendar year. If this portion of T2TL Gamma faces further delays, SDA may reconsider whether it still has a need for those requirements, according to a memorandum for record filed with the court documents.
Air Force Rapid Capabilities Office Deputy Director William Blauser is the current acting SDA director after Lt. Gen. Philip Garrant held the title from Jan. 16 through Feb. 5.
Tournear has labeled SDA the “trusted disruptor” within the Pentagon, focusing on quick-to-field, iterative satellite constellations. Its keystone program, the Proliferated Warfighter Space Architecture, is broken into tranches with requirements that get more advanced as technology advances.
PWSA is made up of varying communications satellites and missile warning/missile tracking satellites. The demonstration constellation has been successful, according to SDA, and Tranche 1 satellites are awaiting launch.