Request for Reconsideration

A firm requested reconsideration of a previously dismissed protest concerning a negotiated solicitation issued by the Department of the Army, Walter Reed Army Medical Center for controlled environmental chambers. The record showed that in the previous decision GAO held that the protest was untimely but that consideration should have been given to cancellation, revision, and reissuance of the solicitation since an amendment to the original solicitation broadened the potential field of competition and was not sent to any of the 21 companies originally solicited. Moreover, GAO had not recommended action only because it believed that contract award had already been made. The protester argued that the statement asserting that award was made was inaccurate. Consequently, remedial action should be taken by canceling and resoliciting the contract. GAO held that its previous decision failed to consider the limiting effect that the solicitation's technical requirements had on the competition. Therefore, the contracting officer had reasonable basis for not canceling and resoliciting the solicitation. Accordingly, the prior decision dismissing the protest was sustained. However, the statement that the amendment considerably broadened the field of competition and the inference that a recommendation for remedial action would have been made but for the contract award were withdrawn.