B-228756.3, Dec 2, 1987, 87-2 CPD 536
Highlights
PROCUREMENT - Bid Protests - GAO Procedures - GAO Decisions - Reconsideration DIGEST: Request for reconsideration of prior decision is denied where the request contains no statement of the facts or legal grounds warranting reversal or modification but merely restates arguments made by the protester and considered previously by the General Accounting Office. We stated that we would not question a determination of the type and amount of testing necessary to ensure product compliance with the specifications absent a clear showing that the determination was arbitrary or capricious. ASI had failed to provide any evidence to show that the agency's determination to require quality assurance was arbitrary or capricious.
B-228756.3, Dec 2, 1987, 87-2 CPD 536
PROCUREMENT - Bid Protests - GAO Procedures - GAO Decisions - Reconsideration DIGEST: Request for reconsideration of prior decision is denied where the request contains no statement of the facts or legal grounds warranting reversal or modification but merely restates arguments made by the protester and considered previously by the General Accounting Office.
Alan Scott Industries-- Request for Reconsideration:
Alan Scott Industries (ASI) requests reconsideration of our decision in Alan Scott Industries, B-228756.2, Nov. 6, 1987, 87-2 CPD Para. ***. ASI had protested that solicitation specifications which provided for testing to ensure compliance with specification requirements should not apply to ASI because ASI had previously supplied the requested items in compliance with specifications. In our decision, we stated that we would not question a determination of the type and amount of testing necessary to ensure product compliance with the specifications absent a clear showing that the determination was arbitrary or capricious.
ASI had failed to provide any evidence to show that the agency's determination to require quality assurance was arbitrary or capricious.
We deny the request for reconsideration
Under our Bid Protest Regulations, 4 C.F.R. Sec. 21.12(a) (1987), 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. Alan Scott Division-- Request for Reconsideration, B-225210.3, Mar. 6, 1987, 87-1 CPD Para. 259.
In its request for reconsideration, ASI does not present any evidence to clearly show that the agency determination regarding testing was arbitrary or capricious. While the request for reconsideration reflects ASI's 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.