B-220680.4, JUL 15, 1986, 86-2 CPD 66
Highlights
CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - RECONSIDERATION REQUESTS - ERROR OF FACT OR LAW - NOT ESTABLISHED DIGEST: REQUEST FOR RECONSIDERATION OF PRIOR DECISION IS DENIED WHERE THE REQUEST CONTAINS NO STATEMENT OF THE FACTS AND LEGAL GROUNDS WARRANTING REVERSAL OR MODIFICATION BUT MERELY RESTATES ARGUMENTS MADE BY THE PROTESTER AND CONSIDERED PREVIOUSLY BY THE GENERAL ACCOUNTING OFFICE. FLIGHT RESOURCES HAD PROTESTED THAT THE FAA HAD CHANGED REQUIREMENTS DURING THE STEP 1 NEGOTIATIONS OF THIS TWO STEP SEALED BIDDING PROCUREMENT TO THE EXTENT THAT A NEW SOLICITATION SHOULD HAVE BEEN ISSUED TO ALL POTENTIAL OFFERORS. WE DISMISSED THE PROTEST ON THE BASIS THAT FLIGHT RESOURCES WAS NOT AN INTERESTED PARTY ENTITLED TO PROTEST CHANGES TO THE TERMS AND CONDITIONS THAT OCCURRED DURING OR AFTER PROPOSAL EVALUATION WHEN THOSE ISSUES AFFECTED ONLY THE PARTIES TO THE COMPETITION.
B-220680.4, JUL 15, 1986, 86-2 CPD 66
CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - RECONSIDERATION REQUESTS - ERROR OF FACT OR LAW - NOT ESTABLISHED DIGEST: REQUEST FOR RECONSIDERATION OF PRIOR DECISION IS DENIED WHERE THE REQUEST CONTAINS NO STATEMENT OF THE FACTS AND LEGAL GROUNDS WARRANTING REVERSAL OR MODIFICATION BUT MERELY RESTATES ARGUMENTS MADE BY THE PROTESTER AND CONSIDERED PREVIOUSLY BY THE GENERAL ACCOUNTING OFFICE.
FLIGHT RESOURCES, INC.-- RECONSIDERATION:
FLIGHT RESOURCES, INC. REQUESTS RECONSIDERATION OF OUR DISMISSAL OF ITS PROTEST REGARDING SOLICITATION NO. DTFA15-85-R-10011, ISSUED BY THE FEDERAL AVIATION ADMINISTRATION (FAA), DEPARTMENT OF TRANSPORTATION, TO OBTAIN PROPOSALS FOR THE OPERATION OF A GENERAL AVIATION FACILITY AT WASHINGTON NATIONAL AIRPORT. FLIGHT RESOURCES HAD PROTESTED THAT THE FAA HAD CHANGED REQUIREMENTS DURING THE STEP 1 NEGOTIATIONS OF THIS TWO STEP SEALED BIDDING PROCUREMENT TO THE EXTENT THAT A NEW SOLICITATION SHOULD HAVE BEEN ISSUED TO ALL POTENTIAL OFFERORS, INCLUDING FLIGHT RESOURCES WHOSE LATE STEP 1 PROPOSAL HAD BEEN REJECTED. WE DISMISSED THE PROTEST ON THE BASIS THAT FLIGHT RESOURCES WAS NOT AN INTERESTED PARTY ENTITLED TO PROTEST CHANGES TO THE TERMS AND CONDITIONS THAT OCCURRED DURING OR AFTER PROPOSAL EVALUATION WHEN THOSE ISSUES AFFECTED ONLY THE PARTIES TO THE COMPETITION. FLIGHT RESOURCES, INC., B-220680.3, JUNE 3, 1986, 65 COMP.GEN. ***, 86-1 CPD PARA. ***.
WE DENY THE REQUEST FOR RECONSIDERATION.
UNDER OUR BID PROTEST REGULATIONS, 4 C.F.R. SEC. 21.12(A) (1986), A REQUEST FOR RECONSIDERATION MUST CONTAIN A DETAILED STATEMENT OF THE FACTUAL AND LEGAL GROUNDS UPON WHICH REVERSAL OR MODIFICATION IS WARRANTED AND MUST SPECIFY ANY ERRORS OF LAW MADE IN THE DECISION OR INFORMATION NOT PREVIOUSLY CONSIDERED. INFORMATION NOT PREVIOUSLY CONSIDERED REFERS TO INFORMATION WHICH WAS OVERLOOKED BY OUR OFFICE OR INFORMATION TO WHICH THE PROTESTER DID NOT HAVE ACCESS WHEN THE INITIAL PROTEST WAS PENDING. THE W.H. SMITH HARDWARE CO.-- RECONSIDERATION, B-219327.5, OCT. 30, 1985, 85-2 CPD PARA. 488.
FLIGHT RESOURCES PRESENTS NO NEW FACTS OR ARGUMENTS TO INDICATE ERROR IN OUR PREVIOUS DECISION. THE REQUEST MERELY RESTATES ARGUMENTS MADE BY FLIGHT RESOURCES AND PREVIOUSLY CONSIDERED BY OUR OFFICE. THUS, WHILE THE REQUEST FOR RECONSIDERATION CLEARLY REFLECTS FLIGHT RESOURCES' DISAGREEMENT WITH OUR DECISION, IT DOES NOT MEET THE REQUIREMENT FOR A DETAILED STATEMENT OF THE FACTUAL AND LEGAL GROUNDS WARRANTING REVERSAL OR MODIFICATION NOR PROVIDE US WITH ANY OTHER BASIS TO RECONSIDER THE PROTEST.