[Requests for Reconsideration of Protest of DOE Subcontractor Procurement]

B-250516.4,B-250516.5: Aug 20, 1993

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The Department of Energy (DOE) and a firm requested reconsideration of a sustained protest against a DOE subcontract award for commercial data communications services. GAO had held that the DOE subcontractor: (1) improperly accepted the awardee's bid; and (2) failed to hold adequate discussions. In their requests for reconsideration, DOE and the awardee contended that the acceptance of the awardee's bid was proper and did not prejudice the protester. GAO held that: (1) the acceptance of the awardee's bid was improper, since it would have given the awardee a significant competitive advantage; and (2) DOE and the protester failed to show any legal or factual errors that would warrant reversal or modification of the original decision. Accordingly, the original decision was affirmed.