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GAO-02-177R 1 (2002-01-09)

handle is hein.gao/gaobadxgi0001 and id is 1 raw text is: G ...GAO Acc ountability * Integrhy * Rell blfty United States General Accounting Office Washington, DC 20548 B-158766 January 9, 2002 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) (Supp. IV 1998), that the Comptroller General report to the 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. Although there were no such occurrences with respect to our fiscal year 2001 recommendations, we are reporting an instance related to a fiscal year 2000 decision, where it only became apparent in fiscal year 2001 that the agency was not promptly implementing our recommendation. In Aberdeen Tech. Servs., Inc. B-283727.2, Feb. 22, 2000, 2000 CPD 46, we considered a challenge to the Department of the Army's decision, reached after a cost comparison pursuant to Office of Management and Budget Circular No. A-76, that it would be more economical to manage and operate base industrial operations in- house at the Aberdeen Proving Ground, Maryland, rather than contract for the services with Aberdeen Technical Services (ATS), which had submitted the best private-sector proposal in the competition that preceded the comparison. We sustained ATS's protest on several grounds. We recommended that the Army correct errors that we found in the agency's calculation of the costs of in-house and contractor performance, as well as in the public/private cost comparison. Alternatively, we recommended that the Army revise the RFP, reopen discussions, and conduct a new cost comparison. The Army did not implement our February 2000 recommendation, but advised our Office that, while it still plans to resolicit, there will be additional delays in doing so because of changes in the Army's requirements, requiring that the original solicitation be canceled. The Army estimates that a new solicitation will be issued in early 2002, some 2 years after issuance of our decision and recommendation. On June 19, 2001, we advised the relevant congressional committees that, in our view, this lengthy delay constituted a failure to implement our recommendation. See 31 U.S.C. § 3554(e)(1) (1994 and Supp. IV 1998). GAO-02-177R

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