Bid Protest Ruling: Department of the Navy--Request for Modification of Remedy.B-401102.3 August 6, 2009 The Naval Facilities Engineering The term "facilities engineering" evolved from "plant engineering" in the early 1990s as U.S. workplaces became more complex. Practitioners preferred this term because it more accurately reflected the multidisciplinary demands for specialized conditions in a wider variety of indoor Command requests that our Office modify the recommendation in our decision Rosemary Livingston--Agency Tender Official, B-401102.2, July 6, 2009, 2009 CPD CPD citrate phosphate dextrose; see anticoagulant citrate phosphate dextrose solution, under solution. Cephalopelvic disproportion (CPD) para. __, in which we sustained the agency tender official's (ATO ATO Australian Taxation Office ATO Ambito Territoriale Ottimale (Italy) ATO Alpha Tau Omega ATO Air Traffic Organization (FAA) ATO Arab Towns Organization ATO Air Tasking Order ATO Assemble To Order ) protest, concluding that there was inadequate documentation to support a finding that the ATO's fourth revised tender was unacceptable and further discussions were necessary. In issuing our recommendation, we stated that ordinarily we would have recommended that the agency re-evaluate proposals, document those conclusions, and then take appropriate action based on those conclusions. However, because the implementation of such a recommendation is barred by 8023 of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009, we recommended that the agency terminate the contract award. The Navy contends that we should have left to the agency's discretion whether corrective action is unlawful under the circumstances of this case. We deny the request. Categories: Bid Protest, Agency evaluation, Competition, Contract termination, Documentation, Military appropriations, Modifications, Protests, Technical proposal evaluation |
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