[Request for Reconsideration of Dismissal of Protest Under DOE IFB]
Highlights
A firm requested reconsideration of the dismissal of its protest under a Department of Energy (DOE) solicitation, contending that: (1) it had additional information concerning its allegations of collusive bidding; (2) the solicitation specifications restricted competition; and (3) DOE improperly reinstated a cancelled solicitation. GAO held that: (1) allegations of collusive bidding were matters for the Department of Justice to consider; (2) it would not review an agency's responsibility determination absent a showing of bad faith; (3) the protester could not introduce a new basis for protest in its reconsideration request that it could have raised in its original protest; (4) since the protester did not allege solicitation improprieties prior to bid opening, its protest was untimely; and (5) although DOE cancelled the solicitation because of funding difficulties, it properly reinstated the solicitation when funding was no longer a problem and award under the original solicitation would meet its actual needs. Accordingly, the original decision was affirmed.