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B-266257 1 (1996-02-08)

handle is hein.gao/gaocrptaduz0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision


Matter of: LDDS WorldCom

File:        B-266257; B-266258

Date:        February 8, 1996

J. Randolph MacPherson, Esq., Sullivan & Worcester, for the protester.
Francis J. O'Toole, Esq., Robert J. Conlan, Jr., Esq., Joseph C. Port, Jr., Esq., and
Michael L. Shore, Esq., Sidley & Austin; and Nathaniel Friends, Esq., and Steven W.
DeGeorge, Esq., AT&T Corporation, for AT&T Corporation, an interested party.
Carl Wayne Smith, Esq., and H. Jack Shearer, Esq., Defense Information Systems
Agency, for the agency.
Ralph 0. White, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

1. Same issues and arguments as those resolved in a recent decision involving the
same agency and the same procurement will not be considered as no useful
purpose would be served.

2. Protest alleging that agency cancellation of solicitations prior to receipt of
responses from offerors was improper is denied where the record shows that the
cancellation decision was reasonable; there is no evidence that the agency issued
the solicitations without intending to award contracts; and the regulatory
requirement for a written determination supporting the cancellations, cited by the
protester, does not apply because the solicitations were canceled before receipt of
responses.

3. Contention that the agency improperly modified an existing contract beyond its
scope instead of holding a separate competitive procurement is denied where a
review of the contract terms shows that the added services could have been
anticipated from the face of the contract itself, and where the added services are
not materially different from the services currently procured under the contract.

DECISION

LDDS WorldCom protests the cancellation of solicitation Nos. RG20JUL951511 and
RG20JUL951512 by the Defense Information Systems Agency (DISA), and the
agency's corresponding decision to obtain these services from AT&T via the
Defense Commercial Telecommunications Network (DCTN) Contract. LDDS
contends that the agency is improperly consolidating services onto AT&T's DCTN


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