Matter of: Associated Tool Company, Inc.-- Reconsideration File: B-247011.2 Date: June 8, 1992

B-247011.2: Jun 8, 1992

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PROCUREMENT Bid Protests Allegation investigation GAO review PROCUREMENT Bid Protests GAO procedures GAO decisions Reconsideration Request for reconsideration is denied where protester states that protest allegation. That protester's price was wrongfully disclosed. Is the subject of an investigation by the Defense Criminal Investigative Service. Protester would then have 10 days from notice of the results within which to file request. We dismissed Associated's protest because the record contained no evidence to support Associated's allegations that its prices were improperly disclosed. Associated states that there is currently an investigation being conducted by the Defense Criminal Investigative Service regarding possible wrongful disclosure of pricing or other proprietary data during the procurement.

Matter of: Associated Tool Company, Inc.-- Reconsideration File: B-247011.2 Date: June 8, 1992

PROCUREMENT Bid Protests Allegation investigation GAO review PROCUREMENT Bid Protests GAO procedures GAO decisions Reconsideration Request for reconsideration is denied where protester states that protest allegation--that protester's price was wrongfully disclosed--is the subject of an investigation by the Defense Criminal Investigative Service. Should any investigation furnish grounds for reconsideration, protester would then have 10 days from notice of the results within which to file request.

Attorneys

DECISION Associated Tool Company, Inc. requests reconsideration of our decision, Associated Tool Co., Inc., B-247011, Apr. 21, 1992, 92-1 CPD Para., in which we dismissed its protest challenging the award of a contract to Atlantic Industries, Inc. under request for proposals (RFP) No. DLA120-90-R-3071, issued by the Defense Personnel Support Center.

We deny the request for reconsideration.

In our original decision, we dismissed Associated's protest because the record contained no evidence to support Associated's allegations that its prices were improperly disclosed. In its reconsideration request, Associated states that there is currently an investigation being conducted by the Defense Criminal Investigative Service regarding possible wrongful disclosure of pricing or other proprietary data during the procurement; Associated maintains that this warrants reconsideration of our decision.

Since, however, according to Associated, this investigation is ongoing, there exists as yet no legal or factual basis upon which to reconsider our decision. 4 C.F.R. Sec. 21.12(a) (1992). In this regard, we have previously declined to hear protest allegations about which there is a concurrent criminal investigation, pending the outcome of the investigation. See Chadwick-Helmuth Co., Inc., B-238645, May 3, 1990, 90-1 CPD Para. 445.

Should any investigation furnish Associated with grounds for reconsideration, it would then have 10 working days from notice of the results within which to file its request for reconsideration with our Office. 4 C.F.R. Sec. 21.12(b).

The request for reconsideration is denied.