[Request for Reconsideration of Protest Against VA Procedures Under Solicitation for Auctioneering Services]

B-229917.3: Mar 16, 1988

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A firm requested reconsideration of its dismissed protest against the Veterans Administration's (VA) decision to: (1) open negotiations with all offerers in the competitive range under a solicitation for auctioneering services; and (2) terminate its contract with the protester, if appropriate. GAO had held that VA properly concluded that it improperly based award on initial proposals. In its request for reconsideration, the protester contended that: (1) a VA post-award debriefing with another offerer involved technical transfusion; and (2) VA should have excluded that offerer from the competitive range, since it materially misrepresented its bid. GAO held that: (1) there was no evidence that technical transfusion occurred; and (2) the alleged misrepresentation did not affect the offerer's bid or the VA decision to open negotiations, since the misrepresentation occurred in the offerer's protest against the initial award, and not in the bid itself. Accordingly, the request for reconsideration was denied.