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B-198448.3 1 (1981-06-24)

handle is hein.gao/gaobadjmy0001 and id is 1 raw text is: 4 , , ,- ~THE COMPTPOLLER GENERA L DECISION OF THE UNITED STATES VV WASHIINGT 0 .C 2 0548a FILE: B-198448. MATTER OF: 3 DATE: June 24, 1981 Federal Energy Regulatory Commission-- Reconsideration OIGEST: Decision holding solicitation provision which precludes use of electronic tape recording devices as method of steno- graphic reporting is unduly restrictive of competition is affirmed where agency has presented no new factual grounds showing exclusion is reasonably related to agency's needs. Objectionable features of reporting system are not shown to be inherent in recording devices and concern matters of bidder responsibility which may be specified or proscribed in solicitation. The Federal Energy Regulatory Commission (FERC) requests reconsideration of a portion of our decision in North American Reporting, Inc.7 Ace-Federal Reporter, Inc., B-198448, November 18, 1980, 60 Comp. Gen. (1980), 80-2 CPD 364, in which we sustained protests against deficiencies in FERC invitation for bids (IFB) No. FERC-80-B-0001 for stenographic reporting services. In so doing, we held that the IFB provision that (e)lectronic tape recording devices are not acceptable in administrative proceedings before Administrative Law Judges, protested by North American Reporting, Inc. (NAR), was unduly restrictive of competition. The FERC asks that we reconsider only this issue and, alternatively, requests a detailed explanation of the factors which an agency may properly consider in determining its specific stenographic needs for administrative hearings and the method of accommodating those needs. The FERC has presented no new factual grounds demonstrating that our earlier decision was erroneous, but asserts that our assessment of the record before us was in error due to allegedly erroneous findings of fact, resultant legal conclusions and application of pertinent

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