[Requests for Reconsideration of Sustained Protest of Air Force Procurement]
Highlights
The Air Force, the Defense Contract Audit Agency (DCAA), and a firm requested reconsideration of the firm's sustained protest against an Air Force work assignment for the repair and overhaul of aircraft landing gear. GAO had held that: (1) DCAA unreasonably certified the awardee's proposed costs; and (2) the Air Force should terminate the work assignment and make award to the protester. In their requests for reconsideration, the Air Force and DCAA contended that: (1) DCAA did not have certifying authority and the Air Force was not bound by DCAA findings; (2) GAO did not have authority to review DCAA actions; (3) GAO improperly considered an audit report in making its decision; and (4) GAO improperly recommended that award be made to the protester prior to DCAA certification. GAO held that: (1) the legislation removing DCAA certifying authority was enacted after the current procurement; (2) under the applicable law, DCAA was required to certify government bids and the Air Force was required to accept its decision; (3) GAO had specific authority to decide bid protests involving procurement statutes; (4) DCAA unreasonably certified the awardee's costs contrary to its own finding that the awardee's costs were understated; (5) DCAA certification of the protester's costs was a mere formality, since the award was for a firm, fixed-price contract; and (6) it would not consider the protester's reconsideration request, since it was not altering its original decision. Accordingly, the original decision was affirmed.