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B-408823.2 1 (2014-05-08)

handle is hein.gao/gaobadqha0001 and id is 1 raw text is: 




 G             A    O                                                  Comptroller General
        Accountability * Integrity * Reliability                       of the United States
 United States Government Accountability Office
 Washington, DC 20548



          Decision


          Matter of:   National Aeronautics and Space Administration--Reconsideration

          File:        B-408823.2

          Date:        May 8, 2014

          Richard J. McCarthy, Esq., National Aeronautics and Space Administration, for the
          the agency/requester.
          Charles W. Morrow, Esq., and Jonathan L. Kang, Esq., Office of the General
          Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          The National Aeronautics and Space Administration's request reconsideration of our
          decision to take jurisdiction of a protest challenging the agency's lease of federal
          property (a space shuttle launch complex) is dismissed where the agency only
          objects to our decision to take jurisdiction but not the merits of our decision that
          denied the protest; we see no practical purpose of revisiting the decision in the
          absence of a dispute between the parties.
          DECISION

          The National Aeronautics and Space Administration (NASA) requests
          reconsideration of our decision in Blue Origqin, LLC, B-408823, Dec. 12, 2013, 2013
          CPD T 289, in which we denied a protest filed by Blue Origin concerning the terms
          of announcement for proposals (AFP) No. AFP-KSC-LC39A, issued by NASA for
          the lease of Launch Complex 39A (LC 39A) at the Kennedy Space Center (KSC).
          Although we denied the merits of the protest, NASA requests that we reconsider our
          conclusion that our Office had jurisdiction to hear the protest.

          We dismiss the request.

          BACKGROUND

          LC 39A is a launch complex that was utilized by NASA in connection with the Apollo
          and Space Shuttle programs. Because NASA no longer maintains these programs,
          the agency concluded that there was no foreseeable use for the complex. The
          agency also found that it lacked funds to operate and maintain the complex. NASA
          believed, however, that the complex potentially could be useful to commercial space