[Request for Reconsideration of Sustained Protest of Navy Contract Award for Support Services]

B-232999.2,B-232999.3: Jul 14, 1989

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The Navy and a joint venture requested reconsideration of another firm's sustained protest against the Navy's award to the joint venture for engineering and technical services. GAO had held that the Navy improperly determined that the protester's and awardee's proposals were technically equal because the protester's higher technical score resulted from its incumbency. In its request for reconsideration, the Navy contended that: (1) it did not determine that the proposals were technically equal; and (2) the contracting officer made the award decision after consulting with the activity that required the services. In addition, the Navy and the awardee contended that the recommended recompetition for contract options was disproportionate. GAO held that: (1) the Navy did not justify its selection decision, regardless of whether it specifically determined that the proposals were technically equal; (2) the Navy initially failed to provide evidence that the contracting officer consulted with the appropriate activity and, in any event, those consultations apparently led to the Navy's conclusion that the proposals were technically equal; (3) it recommended an appropriate remedy; and (4) neither the Navy nor the awardee showed that the original decision was erroneous. Accordingly, the original decision was affirmed.

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