GAO: We’re Not Wrong, But Our Original Recommendation Was Not Right

Whenever GAO issues a bid protest decision, some parties are happier than others. In limited circumstances, however, an unhappy party may petition GAO to reconsider its decision if the outcome was based on errors of either fact or law. It is extremely rare for GAO to reverse itself during a reconsideration request. That may explain why in a recent reconsideration decision, GAO maintains that its decision was correct based on the facts presented to it, but GAO nevertheless modified its recommendations substantially in the face of new facts. As a kicker, GAO also took away its recommendation that the agency pay protester’s attorney fees.

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