Exploration Partners, LLC
B-298804 · gao · 2006-12-19
Summary
In this foundational GAO decision, Exploration Partners protested NASA's issuance of funded Space Act agreements to SpaceX and Rocketplane Kistler under the Commercial Orbital Transportation Services (COTS) announcement, agreements made under NASA's 'other transactions' authority in the Space Act (42 U.S.C. Sec. 2473(c)(5)). GAO dismissed the protest, holding that issuing Space Act agreements under other-transactions authority is not the award of procurement contracts and is therefore outside GAO's Competition in Contracting Act bid-protest jurisdiction, while noting the narrow exception that GAO will review a timely protest alleging an agency improperly used a non-procurement instrument where a procurement contract was required. It is a cornerstone holding that OT/Space Act agreements fall outside ordinary GAO protest review.