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[Request for Reconsideration of Decision Regarding Cancellation of Navy Solicitation]

B-213059.2 Jul 09, 1984
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Highlights

A firm requested reconsideration of a decision which denied its protest of a Navy solicitation cancellation. GAO held that, even though the protester had been issued a Certificate of Competency, the Navy properly canceled the solicitation because of defective specifications. In requesting reconsideration, the protester repeated its original contention that the defects in the specifications were not a basis for cancellation. It also contended that the Navy failed to file its comments within the prescribed time limits, and GAO failed to address the Navy's willingness to make award to another bidder under the original solicitation. GAO will not reverse a decision unless a protester's request for reconsideration raises issues not previously considered or shows that errors of law exist. GAO has held that the late receipt of a contracting agency's comments does not provide a reason to sustain a protest on the basis of an inadequate record. Finally, the Navy's decision to award the contract to the previous supplier did not establish that award to the protester based on a bid which responded to defective specifications would have been proper. Accordingly, the prior decision was affirmed.

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