Lunar Resources, Inc.
B-421936 · gao · 2023-11-14
Summary
In Lunar Resources, Inc., GAO dismissed for lack of jurisdiction a protest challenging NASA's award of a Funded Space Act Agreement to Blue Origin under a Tipping Point announcement issued under NASA's other transaction authority (51 U.S.C. § 20113), which the protester attacked on grounds of alleged fraudulent representations. GAO held that Funded Space Act Agreements are not procurement contracts subject to its bid-protest jurisdiction, and that the exception for a timely pre-award challenge to improper use of OT authority did not apply because LRI challenged only the evaluation and award, not NASA's choice to use an OT instrument. The decision reaffirms the limits of GAO's jurisdiction over challenges to Space Act Agreement/OT awards.