[Request for Reconsideration of Denied Protest of BPA Solicitation for Transmission Line Construction]

B-227811.2: Nov 10, 1987

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A firm requested reconsideration of its denied protest regarding the Bonneville Power Administration's (BPA) exclusion of it from competition for the construction of high voltage transmission lines. GAO had held that: (1) BPA regulations, not the Federal Acquisition Regulation, governed its procurement actions; and (2) the BPA prequalification panel reasonably determined that the protester lacked the necessary capabilities. In its request for reconsideration, the protester contended that the: (1) BPA prequalification scheme was inconsistent with GAO decisions holding that such approaches unduly restricted competition; and (2) work did not justify the limited competition. GAO held that: (1) BPA procurements were not subject to rules and regulations normally applicable to federal agencies, since Congress intended it to operate like a business; and (2) the protest did not address the protester's ability to perform the work required. Accordingly, the request for reconsideration was denied.