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[Request for Reconsideration]

B-199540.4 May 05, 1983
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Highlights

A firm requested reconsideration of a GAO decision which denied its claim for reimbursement of proposal preparation expenses incurred in connection with two requests for proposals (RFP's) issued by the Department of Health and Human Services. GAO had denied the claim because it found no violation of any regulation nor any evidence of bad faith in connection with the rejection of one of the protester's proposals or in connection with the agency's cancellation of an RFP which the protester viewed as a sole-source document. The protester argued that GAO did not consider and resolve its contention that its first proposal was not evaluated in accordance with the criteria. While GAO did not explicitly state in its decision that it found the evaluation to have been conducted in accordance with the stated criteria, this was implicit in the GAO conclusion. The protester also noted a conflict between the GAO finding that there was a reasonable basis for the rejection of its first proposal and the agency's admission that there were breaches of good procurement practices. GAO saw no such conflict, because a deficiency found in internal agency documentation did not affect the validity of the agency's rejection of the protester's proposal. Furthermore, GAO found that the protester failed to show that the agency conducted the procurement in bad faith. Accordingly, the prior decision was affirmed.

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