B-204685.2, FEB 8, 1982

B-204685.2, FEB 8, 1982

DIGEST: PRIOR DECISION WILL NOT BE RECONSIDERED WHERE THE PROTESTER REGISTERS DISAGREEMENT WITH THAT DECISION, BUT DOES NOT SPECIFY FACTUAL OR LEGAL GROUNDS WARRANTING ITS MODIFICATION OR REVERSAL.

SANITARY ICE SYSTEMS, INC. - RECONSIDERATION:

SANITARY ICE SYSTEMS, INC. HAS REQUESTED RECONSIDERATION OF OUR DECISION OF DECEMBER 29, 1981, 81-2 CPD 510, DENYING ITS PROTEST UNDER INVITATION FOR BIDS (IFB) NO. F22600-81-B-0049, ISSUED BY KEESLER AIR FORCE BASE, MISSISSIPPI. SANITARY THERE CONTENDED THAT THIS SOLICITATION FOR THE RELOCATION OF A PASTRY KITCHEN WAS OVERLY RESTRICTIVE SINCE, FOR VENTILATION PURPOSES, IT ALLOWED BIDS ONLY ON OVENS WITH HOOD VENTS. SANITARY, A POTENTIAL SUBCONTRACTOR, ARGUED THAT ITS SELF-VENTING OVENS WOULD PROVIDE ADEQUATE VENTILATION AT A LOWER COST. WE DENIED THE PROTEST BECAUSE THE AIR FORCE, BEING IN THE BEST POSITION TO DETERMINE ITS OWN NEEDS, HAD CONCLUDED THAT ONLY OVENS WITH HOOD VENTS WOULD PROVIDE SATISFACTORY VENTILATION, AND SANITARY HAD FAILED TO SUSTAIN ITS BURDEN OF ESTABLISHING THAT THE AGENCY'S DETERMINATION LACKED A RATIONAL BASIS.

SECTION 21.9(A) OF OUR BID PROTEST PROCEDURES, 4 C.F.R. PART 21 (1981), REQUIRES THAT A REQUEST FOR RECONSIDERATION CONTAIN A DETAILED STATEMENT OF THE FACTUAL OR LEGAL GROUNDS WHICH ALLEGEDLY WARRANT REVERSAL OF OUR PRIOR DECISION. IN ITS JANUARY 5, 1982 LETTER TO OUR OFFICE, SANITARY REGISTERED STRONG DISAGREEMENT WITH OUR RULING ON ITS PROTEST, CONCLUDING THAT THE DECISION WAS "ILLOGICAL." IT DID NOT, HOWEVER SUBMIT ANY FACTS, ARGUMENTS OR POINTS OF LAW WHICH WERE NOT PREVIOUSLY CONSIDERED IN OUR REVIEW OF THE RECORD OF THIS PROCUREMENT. THEREFORE, SANITARY'S REQUEST PROVIDES NO BASIS FOR CONSIDERING THE MATTER FURTHER. SEE PASCUAL MAGGIO - RECONSIDERATION, B-203461.2, SEPTEMBER 28, 1981, 81-2 CPD 253; RICHARD BERCUTT - REQUEST FOR RECONSIDERATION, B-199819.2, JANUARY 22, 1981, 81-1 CPD 35.

THE REQUEST FOR RECONSIDERATION IS DENIED.