Request for Modification of GAO Recommendation
Highlights
An agency requested modification of recommendations in a prior decision that a request for proposals (RFP) be amended and competition continued, desiring instead to cancel the RFP and issue a new one. Although the request was not filed within 10 days, it was in the best interests of the Government to consider it, and delays in responding to the protest were caused in part by the protester's actions. Substantial amendment to the RFP may justify cancellation and resolictation. A contention that the agency issued other RFPs to circumvent the effect of the pending protest cannot be proven, and such concurrent procurement is not prohibited. The agency's delayed position that the solicitation was defective raises questions about its adherence to procurement policies. Althouh the agency's justifications for cancelling the RFP are not clearly unreasonable, questions have been raised which it should consider before deciding on its proposed actions.