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B-197297 1 (1980-09-25)

handle is hein.gao/gaobadveg0001 and id is 1 raw text is: 

                                                                 -- 599
                         STHE COMPTROLLER GENERAL
           DECISION                 0 j jP OF THE UNITED STATES
                                  W ~/       T   N.  0 . C . 2 0 5 4



           FILE:    B-197297             DATE: September 25, 1980

           MATTER OF:     New England Telephone and Telegraph
                          Company              ..

I..        DIGEST:

           1. Contention that protester was not given
               opportunity to respond to'earlier protest
               is without merit since record shows that
               protester met with agency officials after
               prior protest was filed to discuss protest
               and protester's contract was not canceled
               until 2 weeks later.

           2. GAO will not question agency decision
               to make award prior to resolution of
               protest where decision to do so was
               made in accordance with applicable
               regulations.

           3. Upon discovery that protester's proposal
               did not meet mandatory RFP requirement,
               agency canceled contract erroneously
               awarded to protester. Protester contends,
               alternatively, that:  (1) RFP requirement
               was ambiguous; (2) reevaluation using
               tariff prices for meeting disputed man-
               datory requirement would still result in
               award to protester. GAO concludes: (1) RFP
               requirement was not ambiguous; (2) original
               award should not have been made to protester.

           4. GAO will not decide whether cancellation
               or termination for convenience was proper
               ,method to terminate contract improperly
               awarded to protester. Appropriate forum
               for deciding issue is agency board of
               contract appeals since the facts are in
               dispute.

                                          PUBLISHED DECISION,
                                          59 Comp. Gen . ,

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