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prodigalko

Agency ignores GAO COFC 15-645C

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I wanted to see if anyone else has been following the most recent Caddell Construction bid protest of a Department of State award. Bob already has it posted and it is an interesting read.

I am curious if this might be the approach that State uses with future disputes over Small Business Act overseas application (sorry for bringing it up again, it is my first time seeing an agency not take GAO's recommendation), or if any other Agencies use this approach to ignore GAO recommendations.

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GAO recommends but it will squeal on the agency to Mommy and Daddy.

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See 31 U.S. Code § 3554 (e)

(1) The Comptroller General shall report promptly to the Committee on Governmental Affairs and the Committee on Appropriations of the Senate and to the Committee on Government Reform and Oversight and the Committee on Appropriations of the House of Representatives any case in which a Federal agency fails to implement fully a recommendation of the Comptroller General under subsection (B ) or (c ). The report shall include—

(A) a comprehensive review of the pertinent procurement, including the circumstances of the failure of the Federal agency to implement a recommendation of the Comptroller General; and

(B ) a recommendation regarding whether, in order to correct an inequity or to preserve the integrity of the procurement process, the Congress should consider—

(i) private relief legislation;

(ii) legislative rescission or cancellation of funds;

(iii) further investigation by Congress; or

(iv) other action.

(2) Not later than January 31 of each year, the Comptroller General shall transmit to the Congress a report containing a summary of each instance in which a Federal agency did not fully implement a recommendation of the Comptroller General under subsection (B ) or (c ) during the preceding year. The report shall also describe each instance in which a final decision in a protest was not rendered within 100 days after the date the protest is submitted to the Comptroller General. The report shall also include a summary of the most prevalent grounds for sustaining protests during such preceding year.

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