You May Think You Have a Moral Obligation to Protest OTA Award, But GAO Can’t Hear It

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 

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