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B-291102 1 (2002-11-04)

handle is hein.gao/gaocrptaohz0001 and id is 1 raw text is: A G Comptroller General . Accountability * Integrity Reliability of the United States United States General Accounting Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: HMX, Inc. File: B-291102 Date: November 4, 2002 William L. Walsh, Jr., Esq., J. Scott Hommer, III, Esq., and Julia M. Kiraly, Esq., Venable, Baetjer and Howard, for the protester. Sumara M. Thompson-King, Esq., Louis R. Durnya, Esq., and Jerry L. Seemann, Esq., National Aeronautics and Space Administration, for the agency. Henry J. Gorczycki, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Under a procurement conducted by the National Aeronautics and Space Administration (NASA) under a NASA research announcement (NRA) that required proposals to include detailed cost/price and technical data, and did not identify the procurement as one for commercial items under either Federal Acquisition Regulation Part 12 or the Commercial Space Act of 1998, a protest challenging the agency's rejection of a proposal for a commercial item that took exception to the NRA's stated data requirements is an untimely challenge to the terms of the NRA where the protest is first filed with the agency after the closing time for submitting proposals. 2. Agency evaluation reasonably found significant weaknesses in a proposal that failed to provide adequate data to support material aspects of the proposal, reasonably determined that proposal deserved a low overall rating, and reasonably rejected that proposal from further consideration. DECISION HMX, Inc. protests the evaluation and rejection of its proposal by the National Aeronautics and Space Administration (NASA) under NASA research announcement (NRA) 8-30 Cycle II for second-generation reusable launch vehicle systems engineering and risk reduction. We deny the protest.

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