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B-195966.2 1 (1980-10-28)

handle is hein.gao/gaobadiqp0001 and id is 1 raw text is: 




                         THE COMPTROLLER GENERAL
DECISION            j.   OF  THE   UNITED    STATES
                         WASHINGTON, D.C. 2054S




FILE:  B-195966. 2            DATE:  October 28, 1980

MATTER   OF:  Las Vegas Communications, Inc. --
              Reconsideration

DIGEST:

    Prior decision sustaining protest on
    grounds agency failed to comply with
    FPR requirement to negotiate procure-
    ments on competitive basis to maximum
    extent practical because it did not
    attempt to ascertain existence of
    alternate sources is affirmed since
    agency in its request for reconsid-
    eration has not shown that prior
    decision is factually or legally
    erroneous.

    The Veterans Administration (VA) has requested
reconsideration of our decision, Las Vegas Communi-
cations, Inc., B-195966, July 22, 1980, 80-2 CPD
57. In that decision, we found that the sole-source
award for lease of a telephone system for an out-
patient clinic to the Central Telephone Company
(Central) was improper because VA justified the
sole-source award on the basis that there was insuf-
ficient time to conduct a competitive procurement
while the record indicated the agency made no effort
to determine the exi-stence of other sources and the
protester stated it could perform within the agency's
required time frame.  VA argues that our decision is
erroneous as it is based on facts not fully presented
or misunderstood.

    VA implies that since we set forth Las Vegas Com-
munications, Inc.'s (LVCI) version of the facts as well
as VA's version, the protester's view was accepted and
formed the basis of our decision. The decision, however,
clearly indicates that a resolution of the conflicting
factual presentations was unnecessary because the infor-
mation submitted by VA showed that no reasonable effort



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