[Request for Reconsideration]

B-208925.3: May 31, 1983

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The Association of Soil and Foundation Engineers (ASFE) requested a second reconsideration of a decision concerning a Department of the Interior solicitation. The solicitation used standard competitive procedures to secure soil boring and testing services needed to supply a State with recommendations about stabilizing a particular site. ASFE contended that the services should have been secured through the special procedures prescribed by the Brooks Act. Interior determined that the engineering aspects of the requirement were insignificant and procured the services through standard competitive procedures. ASFE stated that prior GAO decisions allow Federal procurement officials too much discretion in the implementation of the Brooks Act. GAO disagreed and stated that the contracting agency is in the best position to determine its minimum needs and the nature and extent of the work to be done. GAO concluded that ASFE did not establish that the prior decisions were based on erroneous interpretations of fact or law. Therefore, the prior decisions were affirmed.

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