[Request for Reconsideration of Sustained Protest Against DSS Contract Award]

B-224434.2,B-224434.3,B-224434.4: Apr 24, 1987

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A firm and the Defense Supply Service (DSS) requested reconsideration of another firm's sustained protest against any award to set up and operate two primary care centers. GAO had held that DSS improperly excluded the protester's bid from the competitive range and had recommended that DSS resolicit for its subsequent needs rather than exercise any contract options. In their request for reconsideration, DSS and the awardee contended that GAO erroneously determined that DSS should have considered price in its determination of the competitive range. GAO held that: (1) in considering a marginally acceptable bid, price was a factor in determining the competitive range; and (2) DSS and the awardee failed to show that the original decision contained any legal or factual errors. Accordingly, the original decision was affirmed.

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