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B-298804 1 (2006-12-19)

handle is hein.gao/gaocrptassb0001 and id is 1 raw text is: A G A O Comptroller General . Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Exploration Partners, LLC File: B-298804 Date: December 19, 2006 Royce Jones for the protester. James H. Roberts, III, Esq., Van Scoyoc Kelly PLLC, for Rocketplane Kistler, the intervenor. Vincent A. Salgado, Esq., Eve Lyon, Esq., Amy Voigt, Esq., and Jonathan A. Arena, Esq., National Aeronautics and Space Administration, for the agency. Guy R. Pietrovito, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Under the Competition in Contracting Act of 1984 and GAO's Bid Protest Regulations, GAO will not review the issuance of Space Act agreements pursuant to agency's other transactions authority, because the issuance of the Space Act agreements pursuant to that authority was not tantamount to the award of contracts for the procurement of goods and services and was, therefore, outside GAO's bid protest jurisdiction; GAO will review, however, a timely protest that an agency improperly used a non-procurement instrument, such as an other transactions instrument, where a procurement contract was required. DECISION Exploration Partners, LLC protests the issuance of funded Space Act agreements to Space Exploration Technologies Corporation (SpaceX) and Rocketplane Kistler Limited Incorporated by the National Aeronautics and Space Administration (NASA) under announcement No. COTS-01-05, which solicited research and development proposals in support of the agency's Commercial Crew/Cargo Project Office. We dismiss the protest. Space Act agreements are issued by NASA under its other transactions authority pursuant to the National Aeronautics and Space Act of 1958 (the Space Act). 42 U.S.C. § 2473(c)(5) (2000). A Funded Space Act Agreement is an agreement under which appropriated funds will be transferred to a domestic agreement partner to

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