[Request for Reconsideration of Protest of DISA Termination of Contracts for Telecommunication Services]

B-259769.3: Aug 2, 1995

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A firm requested reconsideration of an awardee's successful protest of the Defense Information Systems Agency's (DISA) termination of its three contracts for telecommunications services. GAO had held that: (1) DISA had no reasonable basis for cancelling the awardee's contracts, since they were properly awarded under the second set of solicitations; (2) DISA reasonably cancelled the first solicitations, since they were ambiguous regarding DISA actual needs; and (3) the protester was not prejudiced by the reopening of the competition, since bid prices were not disclosed, all previous bidders participated in the recompetition, and the awardee was the low bidder. In its request for reconsideration, the protester contended that: (1) the previous decision was based on factual errors; (2) the awardee never intended to meet the solicitation requirements; (3) the awardee's original bids were technically unacceptable; and (4) DISA unreasonably cancelled the first solicitations. GAO held that: (1) the awardee's original bids were technically acceptable, since they did not take exception to any of the solicitation specifications; (2) the awardee reasonably believed that its proposed services met DISA needs; (3) there was no evidence that the awardee would not meet the solicitation requirements; and (4) the protester failed to present any evidence that warranted reversal of the original decision. Accordingly, the request for reconsideration was denied.

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