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B-186842 1 (1978-05-05)

handle is hein.gao/gaobadgau0001 and id is 1 raw text is: 0 FILE: 8-186842. MATTER OF: lbI THE CCIMPTROLLEPI UENERPAX . OF THE UNITOD STATUE WASHINGTON, D.C. 9054U DATE: Systems Research Laboratories, Reconsideration 1978 Inc. - DIGEST: Use by GAO of agency records (cost proposals and technical evaluations) not provided to protester does not constitute denial of due prcess ren- dering prior decision invalid. Resolu- tion of bid protests under 31 U.s.c. SS 71, 74 (1970) is distinct fron litigation in court. Procedural fairness is satisfied by Bid Protest Procedures which give reasonable notice and oppor- tunity to be heard to protester and interested parties. Protester's exclusive remedy under Freedom of Information Act for agency denial of access to documents is appeal to courts. Counsel for Systems Research Laboratories, Inc. (SRL), has requested reconsideration of our decision Centro Corporation: Systems Research Laboratories, Inc., B-186842, June 1, 1977, 77-1 CPD.375, in which we concurred with tFe recommendation of the Air Force that serious deficiencies had occurred during the negotiation process which culminated in an award to SRL. In view of the advanced state of the con- tract, we recommended that the option years of the coatract should be resolicited. We have been advised that the option requirements were broken into three separate procurements and competed independently. SRL contends that our Office, in issuing the above decision, deprived SRL of procedural due pro- cess of law. Specifically, SRL contends that we used documents which had not been made available to it for review--namely Centro Corporation's (Centro) cost proposal.and technical evaluation. SRL argues that a decision based upon data received ex parte renders that decision invalid. In addition, SRL requested that the Air Force be required to reveal all item prices in Centro's proposal. SRL's request was subsequently withdrawn. -m1- ILt ' DECISION I

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