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B-190273 1 (1978-02-09)

handle is hein.gao/gaobadfri0001 and id is 1 raw text is: 







                                   4TH  COMPTROLLER CENERAL
                                   . OP TE UNITEU STATES
                                    WAUIsINOToN. W.c      ;Ot 4U



            rILE:  B-190273              DATE: February 93 1978

            MATTER  OF:  Transcomm Inc.


            DIGEST:
                 In regard to rejection of offer to provide
                 expcrt witness services on basis of unac-
                 ceptable impeachment risk--matter of judg-
                 ment in which agency's determination is
                 entitled to considerable weight--protest-
                 er's  disagreement with agency over its
                 role in prior administrative proceeding
                 'does not show agency's judgment concern-
                 ing impeachment risk clearly had no rea-
                 sonable basis. However, GAO  agrees with
                 agency that future  solicitations shold
                 contain specific provision to deal with
                 problem.

                 This is our decision on a protest byTranscomm
            Inc. concerning the award of a contract to Technical
            Associates, Inc. (TAI),.under request for quotations
            (RFPNo.  DCAl00-77-Q-0096, issued by theDeferise Com-
            munications Agency (DCA). DCA awarded the cbntract to
            obtairitissistance in a case peiiding before the Federal
            Comnmunications Commission (FCC) involving hmerican
            Telephone and Telegraph Compiany (AT&T) rates. The
            contractor, among other things, is to perform an
            economic analysis of AT&T's case, prepare testimony,
            and appear as a witness on behalf of the Department
            of Defense (DOD).

                 Six prospective offerors were solicited. Of-
            fers submttted by Transcomm, TA and another offeror
            were determined, in DCA s words, to be responsive.

                 However, DCAdeterminedtihere was an unaccept-
            able risk that Transcomm could be impeached'as an ex-
            pert witness in the FCC *proceedings because of
            Transcomm's role in a prior FCC case. DCA states
            that in the earlier case Transcomm filed an affi-
            davit and an evaluation of  an AT&T filing which


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