B-238095.2, May 8, 1990, 90-1 CPD 458

B-238095.2, May 8, 1990, 90-1 CPD 458

PROCUREMENT - Bid Protests - GAO procedures - GAO decisions - Reconsideration DIGEST: Request for reconsideration is denied where based on information that could have been but was not presented during consideration of original protest.

Attorneys

H H & K Builders, Inc.-- Request for Reconsideration:

H H & K Builders, Inc., requests reconsideration of our decision, H H & K Builders, Inc., B-238095, Feb. 23, 1990, 90-1 CPD Para. 219, in which we denied its protest against award of a contract to J & G Landscaping, the apparent low bidder, under invitation for bids (IFB) No. F32605-89-B-0027, issued by the Department of the Air Force for grounds maintenance services at Grand Forks Air Force Base in North Dakota.

We deny the request for reconsideration.

H H & K protested that award of the contract to J & G would violate conflict of interest regulations because Mr. Renfrow, the husband of J & G's sole owner, is employed by the Air Force at Grand Forks Air Force base. We denied the protest, finding that the Air Force reasonably concluded, following an investigation, that there was sufficient separation between the wife's ownership and control of J & G and the husband's unrelated duties as an Air Force employee to preclude any actual or apparent conflict of interest. The protester provided no independent documentation to contradict the agency's findings but, rather, merely asserted that a conflict of interest was inevitable where there is a familial relationship such as the Renfrows'; this constituted speculation, which does not provide a sufficient basis to find a conflict of interest.

In its request for reconsideration, H H & K presents information allegedly supporting its original argument that Mr. Renfrow had ownership and control of J & G in violation of the conflict of interest regulations. Specifically, H H & K states that it has determined, through an investigation it conducted after our decision was issued, that Mr. Renfrow is listed as one of the people able to sign checks and loans for J & G, and that J & G is not a registered corporation or other business entity in North Dakota.

We will not reconsider a prior decision where the requester bases its reconsideration request on information it could have presented, but did not, during our initial consideration of the protest. Department of the Army; Wilcox Elec., Inc.-- Request for Recon., B-232693.2, B-232693.3, July 26, 1989, 89-2 CPD Para. 83. Otherwise, a protester would be able to remedy the defects in its original protest and present its position piecemeal, undermining the goal of our bid protest forum to produce decisions based on a fully developed record. Id.; B.K. Instrument, Inc.-- Request for Recon., B-212162.2, Feb. 14, 1984, 84-1 CPD Para. 189.

Although H H & K's reconsideration request is based on information it did not have, and that we therefore did not consider during resolution of H H & K's initial protest, this clearly was information that H H & K could have obtained by conducting its investigation of J & G prior to our initial decision; the information presented does not appear to be such that it would not have been available at that time. Department of the Army; Wilcox Elec., Inc.-- Request for Recon., B-232693.2, B-232693.3, supra. This information therefore does not provide a basis for reconsidering our decision.

The reconsideration for request is denied.