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B-402186 1 (2010-02-01)

handle is hein.gao/gaobadbeu0001 and id is 1 raw text is: JlL A , GA O Comptroller General countabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Matter of: Space Exploration Technologies Corporation File: B-402186 Date: February 1, 2010 Richard J. Vacura, Esq., Keric B. Chin, Esq., K. Alyse Latour, Esq., and Marc A. Hearron, Esq., Morrison & Foerster LLP, for the protester. Kevin C. Dwyer, Esq., David A. Churchill, Esq., Adam G. Unikowsky, Esq., and Caroline E. Keller, Esq., Jenner & Block LLP, for Orbital Sciences Corporation, an intervenor. Christopher M. McNulty, Esq., Department of the Air Force, for the agency. Jonathan L. Kang, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency reasonably concluded, under the Commercial Space Act of 1998, 42 U.S.C. § 14701 et sea. (2006), that cost-effective commercial alternatives to use of intercontinental ballistic missile assets for launch services were not available. 2. The Commercial Space Act of 1998 does not require notice to Congress of conversion of an intercontinental ballistic missile for space launch services prior to issuance of delivery order to perform such work. DECISION Space Exploration Technologies Corporation (SpaceX), of Hawthorne, California, protests the issuance of delivery order No. 0026 to Orbital Sciences Corporation, of Dulles, Virginia, by the Department of the Air Force, Space Missile Systems Command, on behalf of the National Aeronautics and Space Administration (NASA), for space launch services for NASA's Lunar Atmosphere and Dust Environment Explorer (LADEE) mission. SpaceX argues that the issuance of the delivery order to Orbital violates the Commercial Space Act of 1998 (Space Act), 42 U.S.C. § 14701 et se. (2006) with regard to the Act's requirements to acquire launch services from United States commercial providers, and to notify Congress of the conversion of intercontinental ballistic missile (ICBM) assets for use in space launches. We deny the protest.

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