About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


B-271492.2 1 (1996-11-27)

handle is hein.gao/gaocrptaeep0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Department of the Army--Reconsideration File: B-271492.2 Date: November 27, 1996 Donald E. Goodroe for the protester. Maj. Michael J. O'Farrell, Jr., Department of the Army, for the agency. Adam Vodraska, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Request for reconsideration by an agency is denied where the factual errors it identified and the new information it provided do not warrant reversal or modification of the decision sustaining the protest. DECISION The Department of the Army requests reconsideration of our decision S.D.M. Supply, Inc., B-271492, June 26, 1996, 96-1 CPD 288, which sustained the protest of S.D.M Supply, Inc. against the issuance of purchase order No. DABTO1-96-V-0248 to New Pig Corporation under request for quotations (RFQ) No. DABTO1-96-T-0112 by the U.S. Army Aviation Center, Fort Rucker, Alabama, for a quantity of aerosol can puncturing systems. We deny the reconsideration request. This small purchase RFQ was issued and responses were invited to be submitted through the Federal Acquisition Computer Network (FACNET). S.D.M. protested that the agency failed to consider its low-priced quote to the agency submitted through FACNET. The agency did not consider S.D.M.'s quote because it was unaware it had received it due to a computer system problem. We sustained the protest because the record evidenced that the agency failed to satisfy its obligation under the Competition in Contracting Act of 1984, 10 U.S.C. § 2304(g)(3) (1994), to promote competition to the maximum extent practicable, inasmuch as the agency did not have adequate procedures in place to ensure that quotations received through FACNET would be considered. See East West Research Inc., B-239565; B-239566, Aug. 21, 1990, 90-2 CPD 147, aff'd, Defense Logistics Agencv--Recon., B-239565.2; B-239566.2, Mar. 19, 1991, 91-1 CPD 298. Specifically, we found that the agency's loss of the protester's quotation was due to a systemic failure that 4071127