Skip to main content

Request for Reconsideration

B-199690.2 Oct 08, 1981
Jump To:
Skip to Highlights

Highlights

A firm requested reconsideration of a GAO decision which denied the firm's protest against a contract award. The firm protested an invitation for bids' item description and specification. GAO had held that the specification did not unduly restrict conpetition and found no reason to object to the agency's decision that the awardee's specifications were adequate since they met Department of Transportation requirements for hazardous material containers. The protester asserted that GAO was in error because it failed to consider alleged violations of Department of Defense Tri-Service Agreement and Standardization Programs. The protester also contended that GAO unfairly placed the burden of proof on itself. GAO did not agree with the protester. The GAO requirement that the protester must affirmatively prove its case is consistent with judicial and administrative standards. GAO has consistently held that, in technical disputes, a protester's disagreement with an agency's opinion, even where the protester's position is supported by expert technical advice, does not invalidate the agency's opinion. GAO does not conduct an investigation to establish the validity of a protester's statements. GAO does evaluate the contracting agency's rationale for specification restrictions and examines the analysis given in support of those reasons. In the opinion of GAO, the engineering and design experts' findings adequately supported the agency contention that its restriction was reasonably related to the agency's needs. However, the protester did not show that the agency restriction was unreasonable. GAO will not question an agency's determination that less restrictive specifications and testing requirements will meet its needs. Additionally, the protester did not show that the agency's determination was not made in accordance with Department of Transportation or Department of Defense regulations. Accordingly, the prior GAO decision was affirmed.

Downloads

GAO Contacts

Office of Public Affairs