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B-421936 Nov 14, 2023 1 (2023-11-14)

handle is hein.gao/gaopjv0001 and id is 1 raw text is: 



     GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                  Comptroller General
Washington, DC 20548                                             of the United States




Decision


Matter of:   Lunar Resources, Inc.

File:        B-421936

Date:        November  14, 2023

Elliot Carol for the protester.
Scott E. Pickens, Esq., Barnes & Thornburg LLP, for Blue Origin, LLC, an intervenor.
Meredith K. Blasingame, Esq., and Young H. Cho, Esq., National Aeronautics and
Space  Administration, for the agency.
Kenneth  Kilgour, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General
Counsel, GAO,  participated in the preparation of the decision.
DIGEST

Protest challenging the agency's award of a Funded Space Act Agreement, issued
pursuant to the agency's other transaction authority, is dismissed as challenging an
action outside of GAO's bid protest jurisdiction.
DECISION

Lunar Resources, Inc. (LRI), of Houston, Texas, protests the award of a Funded Space
Act Agreement  (FSAA) to Blue Origin, LLC, of Kent, Washington, by the National
Aeronautics and Space Administration (NASA) under announcement  for partnership
proposals (AFPP) No. 80H0TR2250A02, which solicited  proposals to advance
commercial space technologies that are at a tipping point in their development. LRI
argues that Blue Origin is not entitled to award because Blue Origin made fraudulent
representations in its proposal.

We  dismiss the protest.

The AFPP  sought proposals under two topic areas: (1) cislunar/lunar surface
infrastructure and capabilities and (2) in-space infrastructure and capabilities. Protest,
exh. A, AFPP at 2-3. The AFPP contemplated the award of FSAAs  with milestone
payments  tied to major technical achievements. Id. at 4. The AFPP stated that NASA
was looking for a broad portfolio of technologies that would be funded, but that the
agency reserved the right to select none, one, or multiple proposals deemed the most
competitive. Id. at iii. The AFPP anticipated funding up to a total of approximately

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