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B-184194 1 (1976-07-19)

handle is hein.gao/gaobadcwo0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON. D.C. 20548 FILE: B-184194 OATE: July 19, 1976 MATTER OF: Environmental Protection Agency q Request for Modification of GAO Recommendation DIGEST: 1. GAO Bid Protest Procedures provide that requests for reconsideration must be filed within 10 working days by appropriate interested party or agency. However, considering agency's request that modification of recommendation in GAO decision be allowed--due to changing circumstances in procurement--has also been recognized as appropriate and is not incon- sistent with Bid Protest Procedures. To decline to consider such information could jeopardize best interests of Government. 2. Though it is contended that contracting agency's procrastination in responding to protest has pre- vented protester from obtaining equitable and just result, record does not support allegation that all delays were caused by agency, but rather shows that substantial delays in protest proceedings are directly attributable to protester's actions. 3. Some changes in request for proposals (RFP) can be made appropriately by amendment, but substantial changes may justify canceling RFP and issuing new, revised RFP. While several reasons offered by agency for canceling RFP are subject to question, others indi- cate that certain amendments to RFP are appropriate and necessary. Amendments may revise RFP's terms to extent that, as agency claims, it would become preferable to cancel and resolicit. 4. Contention that agency issued three RFP's to circumvent effect of protest pending under separate RFP involves subjective motives of agency officials which cannot be conclusively'established on written record. No provi- sion of procurement law specifically prohibits concurrent procurement of work similar to work being sought under protested solicitation. Moreover, three additional RFP's - 1 - PUBLISHED DECISiON 55 Com2. Gen....9....

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