Protest Concerning Procurement Being Conducted Under GSA's Teleprocessing Services Program

B-190632: Sep 21, 1979

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A protest concerned a procurement under the General Services Administration (GSA) for a Teleprocessing Services Program. This was the fourth decision involving the same procurement. The protester's contention that the agency should not proceed with implementation of previous GAO recommendations for corrective action until the request for reconsideration was decided was moot, since the decision on reconsideration was issued affirming the prior decision. The protester also contended that the GSA implementation procedure would give another firm, which has a large and disproportionate share of the Federal teleprocessing services market, an unfair competitive advantage. The Government is not obligated to equalize alleged competitive advantages resulting from a particular's vendor's business circumstances. In general, what the parties have agreed to in the contract the parties can agree to modify. The subject of how orders should be placed program wide was not a issue here; rather, the question was how a GAO recommendation for corrective action should be implemented in order to remedy an improper award. Since the protest was without legal merit, it was appropriate to render a decision without requesting a report from the contracting agency. The protest was denied.