B-196986.3, MAR 3, 1980

B-196986.3, MAR 3, 1980

DIGEST: PRIOR DECISION WILL NOT BE RECONSIDERED BECAUSE REQUEST FOR RECONSIDERATION DOES NOT SPECIFY FACTUAL OR LEGAL GROUNDS FOR MODIFICATION OR REVERSAL.

COMSPACE CORPORATION - RECONSIDERATION:

COMSPACE CORPORATION REQUESTS RECONSIDERATION OF OUR DECISION IN THE MATTER OF COMSPACE CORPORATION, B-196986.2, FEBRUARY 5, 1980, 80-1 CPD , WHICH DISMISSED COMSPACE'S PROTEST. IN THE PROTEST CONSIDERED IN THAT DECISION, AND NOW, COMSPACE CONTENDS THAT THE PREAWARD SURVEY TEAM USED CRITERIA INCONSISTENT WITH THE SOLICITATION PROVISIONS, AND THAT ITS REPORT WAS THE BASIS OF THE CONTRACTING OFFICER'S NONRESPONSIBILITY DETERMINATION.

IN THE EARLIER DECISION, WE REFUSED TO CONSIDER THE PROTEST BECAUSE COMPSACE DID NOT REQUEST A CERTIFICATE OF COMPETENCY FROM THE SMALL BUSINESS ADMINISTRATION AND OUR CONSIDERATION OF THE MATTER WOULD RESULT IN A SUBSTITUTION OF OUR JUDGEMENT FOR THAT OF THE AGENCY SPECIFICALLY AUTHORIZED BY STATUTE TO REVIEW SMALL BUSINESS NONRESPONSIBILITY DETERMINATIONS.

COMSPACE BELIEVES THAT "WE ARE NOT DEALING WITH A MATTER OF JUDGMENT, BUT WITH A MATTER OF FACT," AND THUS OUR DECISION SHOULD BE RENDERED ON THE MERITS OF THE PROTEST. REQUESTS FOR RECONSIDERATION, HOWEVER, MUST CONTAIN A DETAILED STATEMENT OF THE FACTUAL AND LEGAL GROUNDS UPON WHICH REVERSAL OR MODIFICATION IS DEEMED WARRANTED, SPECIFYING ANY ERRORS OF LAW MADE OR INFORMATION NOT PREVIOUSLY CONSIDERED. 4 C.F.R. SEC. 20.9(A) (1979). ALTHOUGH COMSPACE HAS ATTEMPTED TO RECAST ITS ARGUMENT TO AVOID THE EFFECT OF OUR EARLIER DECISION, IT HAS NOT ADVANCED ANY ADDITIONAL FACTS OR LEGAL ARGUMENTS WHICH SHOW THAT OUR EARLIER DECISION WAS ERRONEOUS AND, THEREFORE, WE DECLINE TO RECONSIDER OUR FEBRUARY 5, 1980, DECISION. DATA PATHING INC. - RECONSIDERATION, B-188234, JULY 11, 1977, 77-2 CPD 14.