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B-408823 1 (2013-12-12)

handle is hein.gao/gaobadpya0001 and id is 1 raw text is: G A O Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Blue Origin, LLC File: B-408823 Date: December 12, 2013 Kevin C. Dwyer, Esq., Kevin P. Mullen, Esq., and Ethan E. Marsh, Esq., Jenner & Block LLP, for the protester. Richard J. Vacura, Esq., and Pablo A. Nichols, Esq., Morrison & Foerster LLP, for Space Exploration Technologies Corporation, an intervenor. Richard J. McCarthy, Esq., Bradley W. Smith, Esq., and Geoffrey Swanson, Esq., National Aeronautics and Space Administration, for the agency. Scott H. Riback, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Government Accountability Office has jurisdiction to consider protest challenging terms of solicitation for the award of a lease of federal property where the record shows that the agency will receive benefits--both tangible and intangible--in connection with the award of the lease, such that the agency is, in effect, conducting a procurement for goods and services. 2. Protest that solicitation for the lease of a launch pad at Kennedy Space Center favors a multi-user approach over an exclusive user approach is denied where record shows that solicitation contemplates two possible approaches, but includes no preference for one approach versus another, and merely requires different information depending upon which approach is being offered. DECISION Blue Origin, LLC, of Kent, Washington, protests the actions of the National Aeronautics and Space Administration (NASA) in connection with its issuance of announcement for proposals (AFP) No. AFP-KSC-LC39A, for the lease of Launch Complex 39A (LC 39A) at the Kennedy Space Center (KSC). Blue Origin maintains that the agency intends to misapply the terms of the AFP in evaluating proposals and selecting a prospective lessee for the facility. We deny the protest.

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