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B-215411.2, AUG 20, 1984, 84-2 CPD 200

B-215411.2 Aug 20, 1984
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CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - RECONSIDERATION REQUESTS - ERROR OF FACT OR LAW - NOT ESTABLISHED DIGEST: PRIOR DECISION IS AFFIRMED ON RECONSIDERATION WHERE PROTESTER HAS NOT SHOWN ANY ERROR OF FACT OR LAW WHICH WOULD WARRANT REVERSAL OF THE DECISION. CMCI CONTENDS THAT THE ALLEGED SOLICITATION IMPROPRIETIES WERE NOT APPARENT TO CMCI UNTIL AFTER THE BIDS WERE OPENED. WHY THE ALLEGED UNDULY RESTRICTIVE NATURE OF THE SPECIFICATIONS WAS NOT APPARENT TO CMCI UNTIL AFTER BID OPENING. OUR PRIOR DECISION IS AFFIRMED.

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B-215411.2, AUG 20, 1984, 84-2 CPD 200

CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - RECONSIDERATION REQUESTS - ERROR OF FACT OR LAW - NOT ESTABLISHED DIGEST: PRIOR DECISION IS AFFIRMED ON RECONSIDERATION WHERE PROTESTER HAS NOT SHOWN ANY ERROR OF FACT OR LAW WHICH WOULD WARRANT REVERSAL OF THE DECISION.

CERTIFIED MECHANICAL CONTRACTORS, INC. - REQUEST FOR RECONSIDERATION:

CERTIFIED MECHANICAL CONTRACTORS, INC. (CMCI), REQUESTS RECONSIDERATION OF OUR DECISION IN CERTIFIED MECHANICAL CONTRACTORS, INC., B-215411, JUNE 20, 1984, 84-1 CPD PARA. 654. IN THAT DECISION, WE DISMISSED AS UNTIMELY CMCI'S PROTEST AGAINST ALLEGED SOLICITATION IMPROPRIETIES BECAUSE CMCI DID NOT PROTEST TO THE AGENCY OR GAO UNTIL AFTER BID OPENING. SEE 4 C.F.R. SEC. 21.2(B)(1) (1983); M & M SERVICES, INC., B-210818.2, MAR. 25, 1983, 83-1 CPD PARA. 308.

IN ITS RECONSIDERATION REQUEST, CMCI CONTENDS THAT THE ALLEGED SOLICITATION IMPROPRIETIES WERE NOT APPARENT TO CMCI UNTIL AFTER THE BIDS WERE OPENED.

CMCI HAS FAILED TO SHOW, AND FROM THE RECORD WE CANNOT SEE, WHY THE ALLEGED UNDULY RESTRICTIVE NATURE OF THE SPECIFICATIONS WAS NOT APPARENT TO CMCI UNTIL AFTER BID OPENING. SINCE CMCI HAS NOT SHOWN ANY ERROR OF FACT OR LAW, OUR PRIOR DECISION IS AFFIRMED. SEE 4 C.F.R. SEC. 21.9 (1983); TREAT WOOD PRODUCTS - REQUEST FOR RECONSIDERATION, B-214041.2, JUNE 1, 1984, 84-1 CPD PARA. 590.

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