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B-288413.11 1 (2002-10-08)

handle is hein.gao/gaocrptaobf0001 and id is 1 raw text is: G A 0 Comptroller General Accountability * Integrity* Reliability of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: Sprint Communications Company LP; Global Crossing Telecommunications, Inc.--Protests and Reconsideration File: B-288413.11; B-288413.12 Date: October 8, 2002 David S. Cohen, Esq., and John J. O'Brien, Esq., Cohen Mohr, for Sprint Communications Company LP, and John G. Horan, Esq., and Jason A. Carey, Esq., McDermott, Will & Emery, for Global Crossing Telecommunications, Inc., the protesters. Carl L. Vacketta, Esq., Kevin P. Mullen, Esq., and David E. Fletcher, Esq., Piper Rudnick, for MCI WorldCom Communications, Inc., an intervenor. William L. Mayers, Esq., Department of Defense, for the agency. Henry J. Gorczycki, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protests alleging material misrepresentation of an offeror's financial information submitted to the agency for the purposes of determining the offeror's responsibility is dismissed where the totality of circumstances make it inappropriate for the General Accounting Office to review this matter. DECISION Sprint Communications Company LP and Global Crossing Telecommunications, Inc. protest an award to MCI WorldCom Communications, Inc. under request for proposals (RFP) No. DCA200-01-R-5008, issued by the Department of Defense, Defense Information Technology Contracting Organization (DITCO), for the Defense Research Engineering Network (DREN). Global Crossing alternatively requests reconsideration of our decision, Global Crossing Telecomms., Inc., B-288413.6, B-288413.10, June 18, 2002, 2002 CPD 102, in which we denied Global Crossing's earlier protest of the award to MCI. The protesters allege that the agency relied upon a material misrepresentation by the awardee in making award. We dismiss the protests and the request for reconsideration. The agency awarded a contract to MCI on April 4, 2002. In the months prior to that award, the agency had twice selected Global Crossing's proposal for award. The first

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