The protester challenged the award of an other transaction agreement (OTA). The protester acknowledged GAO might not have jurisdiction, but it felt a “moral obligation” to protest. This moral obligation, however, was not enough to give GAO jurisdiction over the protest.
Lunar Resources, Inc., GAO B-421936
- Protest – The protester objected to NASA’s award of a Funded Space Act Agreement. The protester said the awardee had made a misrepresentation in its proposal. The protester conceded the award involved an OTA over which GAO lacked jurisdiction. But the protester said it “felt a legal and moral obligation to protest” the award.
- Lack of Jurisdiction – GAO agreed with the protester; it lacked jurisdiction. Under CICA. GAO has jurisdiction over protests of awards or proposed awards of contracts. An agreement awarded under an agency’s other transaction authority is not a contract. GAO could not hear the protest.
The protester is represented by Eliot Carol. The intervenor is represented by Scott E. Pickens of Barnes & Thornburg LLP. The agency is represented by Meredith K. Blasingame and Young H. Cho of NASA. GAO attorneys Kenneth Kilgour and Jennifer Westfall-McGrail participated in the decision.
--Case summary by Craig LaChance, Senior Editor