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[Protest of DOT Task Orders for Computer Equipment and Services]

B-277340 Published: Oct 01, 1997. Publicly Released: Oct 01, 1997.
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Highlights

A firm protested three Department of Transportation (DOT) task orders for disaster recovery computer equipment and related services, contending that the orders exceeded the contract's express limitation on the acquisition of computer hardware and software. GAO held that: (1) the task orders' requirement that the contractor provide specifically defined hardware and software for a certain time period in return for monetary consideration constituted the lease of that equipment; and (2) DOT failed to adequately document the actual cost of the computer equipment and provided no credible evidence that the contract's limitation was satisfied. Accordingly, the protest was sustained, and GAO recommended that DOT: (1) terminate the task orders and advise the user agencies that the requirements reflected in those task orders appear to fall outside of the scope of the contract; and (2) reimburse the protester for its protest costs.

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B-205791.2, JUN 1, 1982

DIGEST: REQUEST FOR RECONSIDERATION WILL NOT BE CONSIDERED WHERE PROTESTER TIMELY FILES SHORT NOTICE REQUESTING RECONSIDERATION OF PRIOR DECISION BUT FAILS TO PROVIDE DETAILED STATEMENT WITHIN 10 WORKING DAYS AFTER BASIS FOR RECONSIDERATION WAS KNOWN OR SHOULD HAVE BEEN KNOWN.

RIVERPORT INDUSTRIES, INC. - REQUEST FOR RECONSIDERATION:

RIVERPORT INDUSTRIES, INC. REQUESTS THAT WE RECONSIDER OUR DECISION IN RIVERPORT INDUSTRIES, INC., B-205791, APRIL 22, 1982, 82-1 CPD 369, IN WHICH WE DENIED IN PART AND DISMISSED IN PART THE FIRM'S PROTEST AGAINST THE PROPOSED AWARD OF A CONTRACT TO ARVCO CONTAINERS CORPORATION BY THE GENERAL SERVICES ADMINISTRATION (GSA).

RIVERPORT ACKNOWLEDGED RECEIPT OF THE ABOVE DECISION IN A TELEPHONE CONVERSATION WITH A MEMBER OF OUR OFFICE OF THE GENERAL COUNSEL ON MAY 5, 1982 AND FILED ITS REQUEST FOR RECONSIDERATION ON THE FOLLOWING DAY. ALTHOUGH RIVERPORT DID NOT PROVIDE ANY FACTUAL OR LEGAL GROUNDS UPON WHICH THE REQUEST WAS BASED, RIVERPORT STATED, "DETAILED AND SUPPORTING DOCUMENTATION ENROUTE UNDER SEPARATE COVER." NOTWITHSTANDING THIS STATEMENT, RIVERPORT HAS NOT SUBMITTED ANY DETAILS OR SUPPORTING DOCUMENTATION.

WE WILL NOT CONSIDER THE REQUEST FOR RECONSIDERATION BECAUSE RIVERPORT FAILED TO TIMELY SUBMIT A DETAILED STATEMENT. REQUESTS FOR RECONSIDERATION MUST BE FILED WITHIN 10 WORKING DAYS AFTER THE BASIS FOR RECONSIDERATION IS KNOWN OR SHOULD HAVE BEEN KNOWN, WHICHEVER IS EARLIER, AND CONTAIN A DETAILED STATEMENT OF THE FACTUAL AND LEGAL GROUNDS UPON WHICH REVERSAL OR MODIFICATION OF THE DECISION IS DEEMED WARRANTED, SPECIFYING ANY ERRORS OF LAW MADE OR INFORMATION NOT PREVIOUSLY CONSIDERED. 4 C.F.R. SEC. 21.9(A) AND (B) (1981). A TIMELY REQUEST FOR RECONSIDERATION MUST CONTAIN THAT DETAILED STATEMENT AND THE MERE STATEMENT THAT EVIDENCE TO SUPPORT A REQUEST FOR RECONSIDERATION EXISTS AND WILL BE FORTHCOMING DOES NOT FULFILL THAT REQUIREMENT. SEE DEPARTMENT OF COMMERCE; INTERNATIONAL COMPUTAPRINT CORPORATION, 57 COMP.GEN. 615 (1978), 78-2 CPD 84.

SINCE THE REQUIRED DETAILED STATEMENT WAS NOT FILED WITHIN 10 WORKING DAYS AFTER THE PROTESTER'S RECEIPT OF OUR DECISION, THE REQUEST FOR RECONSIDERATION IS UNTIMELY AND NOT FOR RECONSIDERATION. SEE ANCHORAGE TELEPHONE UTILITY - RECONSIDERATION, B-197749.2, FEBRUARY 9, 1981, 81-1 CPD 74.

THE REQUEST FOR RECONSIDERATION IS DISMISSED.

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Bid protest costsComputer contractsComputer equipment contractsComputer software contractsContract award protestsContract termsDisaster recoveryEquipment leasesFederal procurementIrregular procurementIT acquisitionsComputer hardwareBid evaluation protests