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GAO-03-427R 1 (2003-01-29)

handle is hein.gao/gaobadxgh0001 and id is 1 raw text is: £ ~GAO ,in Accountability Integrity Reliability United States General Accounting Office Washington, DC 20548 B-158766 January 29, 2003 The Honorable J. Dennis Hastert Speaker of the House of Representatives Dear Mr. Speaker: This letter responds to the requirements of the Competition in Contracting Act of 1984, 31 U.S.C. § 3554(e) (2000), that the Comptroller General report to Congress each instance in which a federal agency did not fully implement a recommendation made by our Office in connection with a bid protest decided the prior fiscal year. There was one such occurrence during fiscal year 2002. The occurrence concerned a bid protest filed in our Office by Rockwell Electronic Commerce Corporation challenging the Social Security Administration's (SSA) award of a contract to MCI WorldCom Communications, Inc. for network-based call answering services; the protest was the subject of a series of decisions by our Office. On March 5, 2002 we reported the matter to Congress pursuant to 31 U.S.C. § 3554(e)(1), which requires our Office to report any case in which a federal agency fails to fully implement a recommendation of the Comptroller General contained in a protest decision concerning the award of a federal contract. Enclosed is a copy of that report, which describes the protest decisions and the circumstances of the SSA's failure to implement our recommendation. The following is a brief summary. In our first decision, issued on December 14, 2000, we sustained Rockwell's protest on the basis that MCI's proposal had failed to identify, and the agency had failed to evaluate, certain contract costs that would be incurred under MCI's proposal, as required by the solicitation. We recommended that the agency reopen the competition, amend the solicitation as appropriate, request and evaluate revised proposals, and make an award decision consistent with the terms of the RFP and our decision. We also recommended that Rockwell be reimbursed the costs of filing and pursuing its protest, including reasonable attorneys' fees. We denied SSA's and MCI's requests for reconsideration on April 19, 2001. Following the reconsideration decision, SSA allowed only MCI to revise its proposal, and limited revisions to the identification of the previously unstated costs. Not surprisingly, given the limited nature of the corrective action, MCI's proposal was GAO-03-427R

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