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B-189064 1 (1978-08-08)

handle is hein.gao/gaobadghi0001 and id is 1 raw text is: hd U - 'A THE CoMPVRoLLEn CENERAL DECISION OF THE UNITEC E TATE FILE: 5-189064 DATE: August 8, 1978 MATTER OF: Bokonon Systems, Inc.--Reconsideration D'SEST: 1. Request for reconsideration is denied where protester submits no arguments not previously considered and does not indicate any error of fact or law in prior decision. 2. Once protester has sought and has been denied dieclosure from agency uider Freedom of fIfor- mation Ict, 5 U.S.C. S 552 (1970) ito sole remedy is by suit in U. S. District Court. Use by GAO .,f successful proposals not provided to protester does not constitute denial -of due process. Rebo- lution of bid protest by GAO is adminiktrative procedure distinct from conduct of litigation in courts. 3. Once propriety of procurement action is ques- tioned.by protest, GAO may consider all relevant circuistdhces including those which may not hve been considered by contracting officer. 4. No legal authority exists fr- granting pro- tester's request for funds to engaqe counsel. Bokonon systems, Inc. (Bokohon). requests recon- sideration of our decision in Bokonon Systems, Inc., 5-189064, April 19, 1978, 78-1 CPD 303, which denied its pr.otest of the rejection of its proposal by the Equal Employment Opportunity Commission (EEOC) under Request for Proposals No. EEO 76085. The solicitation called for fixed'price prc'posals to develop a research design for assessing the impact of'EEOC pro4rams on minorities and women. Although several procurement deficiencies were noted, the decision held that the inadequacies in Bokonon's pro- posal perceived by the evaluation panel provided suffi- cient justification for its rejection as technically unacceptable. Pr5

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