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B-310741 1 (2008-01-28)

handle is hein.gao/gaocrptavxs0001 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: Rocketplane Kistler File: B-310741 Date: January 28, 2008 James H. Roberts, III, Esq., Kevin F. Kelly, Esq., and Carrol H. Kinsey, Jr., Esq., Van Scoyoc Kelly PLLC, for the protester. Vincent A. Salgado, Esq., and Karen M. Reilley, 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 The National Aeronautics and Space Administration could use a Space Act agreement under that agency's other transactions authority, and was not required to use a procurement contract, for the development and demonstration of a space transportation system, where the principal purpose of the announcement was not to acquire goods or services for the direct benefit of the agency, but to stimulate a public purpose authorized by law. DECISION Rocketplane Kistler protests the terms of announcement No. JSC-COTS-2, issued by the National Aeronautics and Space Administration (NASA) for the award of a funded Space Act agreement for the development and demonstration of various space transportation capabilities to and from low-Earth orbit. Rocketplane contends that the solicited services must be acquired using a procurement contract. We deny the protest. NASA has established the Commercial Crew and Cargo program to: * implement U.S. Space Exploration policy with investments to stimulate the commercial space industry, * facilitate U.S. private industry demonstration of cargo and crew space transportation capabilities with the goal of

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