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B-290666.3 1 (2002-09-30)

handle is hein.gao/gaocrptaogo0001 and id is 1 raw text is: G A 0 Comptroller General Accountability * Integrity* Reliability of the United States United States General Accounting Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: Networks Electronic Corporation File: B-290666.3 Date: September 30, 2002 Peter B. Jones, Esq., Jones & Donovan, for the protester. Sally A. Rule, Esq., New Hampshire Ball Bearings, the intervenor. John D. Inazu, Esq., Department of the Air Force, for the agency. Paul I. Lieberman, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging agency's decision to conduct recompetition as corrective action taken in response to a General Accounting Office protest is denied; there is no basis to conclude that the only legally permissible option is for the agency to make a directed award to the protester where the agency had conducted discussions after receipt of final proposals with only one offeror. The agency's remedy consisting of disclosure of comparable information to both offerors, after which new final proposals will be received, is unobjectionable in view of the broad discretion afforded to agencies in fashioning corrective action. DECISION Networks Electronic Corporation (NEC) protests the corrective action taken by the Department of the Air Force consisting of the disclosure of comparable information to both offerors under solicitation No. FD2030-02-5471 1, and a request for new final proposals from both offerors, after which the Air Force will conduct a new evaluation and best value determination. The protester contends that, under the circumstances presented, the only remedy legally available to the Air Force is to make an award to NEC based on NEC's extant proposal. We deny the protest. This remedy was taken as corrective action by the Air Force after NEC had protested to our Office the Air Force's decision to make an award to New Hampshire Ball Bearings (NHBB). NEC's protest, as supplemented, questioned the propriety of the agency's determination that NHBB's proposal represented the best value, and in particular alleged that the Air Force had failed to recognize and evaluate the superior

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