About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-186983 1 (1977-03-09)

handle is hein.gao/gaobadekv0001 and id is 1 raw text is: THE'COMPTNOLLUN UENEW4AL DECINON .. VP THU UNITED ETATEm WASHINGTON. D.C. EDUCE FILE: 5-186983 DATE: Wa 9 IM MATTER OF: Coten, Ine. - Requsut for Reconsideration DIGEBT: 1. Prior decision upholding propriety of request for proposas .and refusing to consider ageccy's alleged failure to adhere to Executive Branch policies is affirmed since request for reconsideration does not establish that decision contained factual errors or mistakes of law. 2. GAD, in accordante with its statutory duty to pass ursn legality of expeidcltures of public funds, considars agency adherence to statutes and implemnting regulations, but is withoft authority to require adherence co bxacutive Branch or department policies. Couten, Inc. (Couten) iequests recbnsideration of'our decision in the matter of Ctan. 1nc.,E3-186983, December 8, 1976, 76-2. ePD 486,7in which we denied its protest against request for proposils (RiP) No. DAABO9-76-R-0016, issued by the U.S. Army Elec~iacs Command for 64 programmable -'communications controllers and ancillatryiteis. Coaten alleged that the RF! vac defective and therefore should have been either cancelled.or amended to cure the defects.. After considering Caten's contentions that the REP(1) vas restrictive of competition because of its lack of specificity, (2) impropedly contemplated the award of a fixed price .coraictp (3) 'was invalid due to the Armyhtsilure to dbtain the necessary delegation of authority from the General Services AdJ.nistration (GSA) to conduct the prcihament, and (4) was contrary to the poli- cies contained in Federal Management Circular (FMC) 74-5 cnd Bureau of the Budget (BL) 'Circular A-6S, we concluded that the RFP was not contrary to applicable law and regulations. Couten now contends that odrtdteciion is, in many respects, erroneous in' law and fact. Spe&ifically', Costen (1) challenges our acceptance of the Army's statemeat made in aupport of its post- ti6n that a firm find priced contract was appropriate for this procurement, that 80 models of communications co~u'trollers are cur- rently available on the market; (2) disagrees with our conclusion that the specifications were sufficiently definit to permit effective competirtion; (3) objocts to our reliance on GSA's stated position with respect to the sufficiency of the delegation of authority it gave the Army for the procurement, and '(4) cites a -1 - -t Co 6 a .1 1~.~~

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most