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[Request for Reconsideration]

B-208684.2 Nov 15, 1983
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Highlights

A firm requested reconsideration of a decision that sustained its protest that the Army's decision to continue performing certain services in-house was based on an inaccurate cost comparison. GAO sustained the original protest because it concluded that the statement of work (SOW) in the solicitation was deficient, and it recommended that the Army resolicit and conduct a cost comparison after correcting the noted deficiencies. The protester asked that GAO alter its recommendation and direct the Army to award the contract to the protester. The protester based its request for reconsideration on information allegedly showing that certain existing commercial contracts covered tasks encompassed by the SOW, and it asked that GAO delay consideration of its reconsideration request until this information could be submitted. GAO held that it would not delay its consideration of the protester's request because the new evidence would merely reinforce its conclusion that the solicitation was defective. Further, since the solicitation was deficient, it was unfair to all offerers, not just the protester. Thus, there was no basis for GAO to change its recommendation. Accordingly, the prior decision was affirmed.

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