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B-241569.2,B-241569.3 1 (1991-05-21)

handle is hein.gao/gaobadnwr0001 and id is 1 raw text is: ComptroUer Generl of the United States Wahlnon, DC, 20548 (NT0 Decision Matter of: American Management Systems, Inc.; Department of the Army-Reconsideration File: B-241569.2; B-241569.3 Date: May 21, 1991 Raymond S.E. Pushkar, Esq., and Alison L. Doyle, Esq., McKenna & Cuneo, for General Research Corporation, the protester. Carleton S. Joaes, Esq., and John E. Jensen, Esq., Shaw, Pittman, Potts & Trowbridge, for American Management Systems, Inc., the requester. Gregory E. Smith, Esq,, and Wendy E. Ojeda, Esq., Department of the Army, for the agency. Guy R, Pietrovito, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. The General Accounting Office will not reconsider prior decision sustaining a protest where the agency and interested party request reconsideration on the basis that the contracting officer's cost realism adjustments were based upon audit advice of the Defense Contract Audit Agency (DCAA) and that the contracting officer had no reason to know, at the time of the award, that DCAA's advice was erroneous, where these new arguments and information are inconsistent with the arguments and information provided during the initial consideration of the protest, and could have and should have been raised at that time. In any event, a contracting officer's cost realism determination may not reasonably be based upon erroneous DCAA audit advice, even where the procuring agency is unaware at the time of the determination that the audit information is incorrect. 2. TheGeneral Accounting Office will not reconsider the conclusion in a prior decision sustaining a protest on the basis that the offers of the interested pArty and protester were technically equal such that award should be made to the protester as'the offeror with the lower evaluated cost, where the agency and interested party now argue that the two firms' proposals are not equal yet fail to identify a single technical difference.

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