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Request for Reconsideration of Decision Recommending Advertisement of Procurement and Extension of Startup Period

B-190203 Aug 02, 1978
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Highlights

The agency and an interested party requested reconsideration of a decision in which it was concluded in part that the solicitation should be designated as an advertised procurement and that a requirement for a 2-month startup was unduly restrictive. GAO declined to reconsider aspects of the former decision for which the agency had not filed a required detailed statement concerning bases for requesting reconsideration. The interested party was granted an extension of time to file its required detailed statement. The earlier decision was affirmed because: the contention that the agency's "final" determination to procure though negotiation was not subject to review by GAO or the courts lacked merit; no facts or legal arguments were submitted to show that the determination to negotiate was proper; GAO does not violate the separation of powers doctrine by rendering decisions; and the interested party failed to present new facts or legal arguments with regard to the recommendation that the startup period be extended.

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