Request for Reconsideration

A protester requested reconsideration of a prior decision which denied its protest of the award of a contract for the operation and maintenance of an Air Force base. The protester stated that its request was limited solely to the legal issues of whether the fixed price incentive contract awarded by the Air Force to the competitor was valid since the Air Force did not obtain certified cost or pricing data in accordance with legislation. The plain language of the Truth in Negotiations Act, the legislative history of the act, regulatory implementation, and the history of its implementation all support application of the adequate price competition exemption to the requirement for submission of certified cost or pricing data to fixed-price incentive contracts. The contracting agency properly did not require the proposed awardee to submit certified cost or pricing data since such data need not be submitted where price is based on adequate price competition. The protester's request for conference was denied, since Bid Protest Procedures do not explicitly provide for conference on reconsiderations of decisions, and the matter can be resolved without conference. The prior decision was affirmed.