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B-298327 1 (2006-08-24)

handle is hein.gao/gaocrptasqb0001 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 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: Praxair Inc. File: B-298327 Date: August 24, 2006 Mark D. Colley, Esq., and David J. Craig, Esq., Holland & Knight LLP, for the protester. Robert J. Symon, Esq., and Douglas L. Patin, Esq., Bradley Arant Rose & White LLP, for Air Products and Chemicals, Inc., an intervenor. Vincent A. Salgado, Esq., and Michael I. Mark, Esq., National Aeronautics & Space Administration, for the agency. Charles W. Morrow, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest by agency's current supplier of liquid nitrogen (LN,) that agency's solicitation requesting proposals to construct a government-owned, contractor-operated plant to meet the agency's LN 2 requirements without considering as part of the procurement proposals for continuing to obtain LN, from the supplier or purchasing the supplier's facility, is denied, where the record establishes that the agency reasonably concluded that building a government source of LN2 was necessary to meet its minimum needs. DECISION Praxair, Inc. protests the terms of request for proposals (RFP) No. NNL06153354R, issued by the National Aeronautics and Space Administration (NASA), Langley Research Center (LaRC), Hampton, Virginia, for building a government-owned, contractor-operated liquid nitrogen (LN2) plant. Praxair contends that NASA's decision to only solicit proposals for building a government-owned, contractor operated facility to produce LN2, instead of also considering proposals for purchasing LN 2 from commercial sources, unduly restricts competition. We deny the protest. This RFP, issued May 3, 2006, is NASA's second effort to solicit proposals to build a government-owned, contractor-operated facility to produce an independent source of LN, for the National Transonic Facility (NTF) operated by LaRC. The NTF is a

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