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B-401102.3 1 (2009-08-06)

handle is hein.gao/gaobadayc0001 and id is 1 raw text is: G A 0 Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Department of the Navy--Request for Modification of Remedy File: B-401102.3 Date: August 6, 2009 David Turner, Esq., Department of the Navy, Navy Supply Systems Command, for Rosemary Livingston--Agency Tender Official, the protester. Hilary S. Cairnie, Esq., Vorys, Sater, Seymour & Pease LLP, for Fidelity Technologies Corp., an intervenor. Sean McBride, Esq., Department of the Navy, Naval Facilities Engineering Command, for the agency. Cherie J. Owen, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO, participated in the preparation of this decision. DIGEST Request for reconsideration is denied where the request is based on information that was available to, but not proffered by, the requester during consideration of the initial protest. DECISION The Naval Facilities Engineering Command requests that our Office modify the recommendation in our decision Rosemary Livingston--Agency Tender Official, B-401102.2, July 6, 2009, 2009 CPD ¶ _, in which we sustained the agency tender official's (ATO) protest, concluding that there was inadequate documentation to support a finding that the ATO's fourth revised tender was unacceptable and further discussions were necessary. In issuing our recommendation, we stated that ordinarily we would have recommended that the agency re-evaluate proposals, document those conclusions, and then take appropriate action based on those conclusions. However, because the implementation of such a recommendation is barred by § 8023 of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009, we recommended that the agency terminate the contract award. The Navy contends that we should have left to the agency's discretion whether corrective action is unlawful under the circumstances of this case. We deny the request.