[Request for Reconsideration of Protest of Air Force Contract Award]

B-256239.3: Nov 23, 1994

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A firm requested reconsideration of its dismissed protest of an Air Force contract award for test, measurement, and diagnostic equipment repair, calibration, and certification services. GAO had held that the protester was not sufficiently interested to protest the award. In its request for reconsideration, the protester contended that GAO: (1) ignored the contracting officer's discretion to waive its failure to submit pricing for the fourth option year as a minor irregularity; and (2) violated its protest regulations, since it decided to develop the protest rather than summarily dismiss it. GAO held that: (1) the contracting officer did not have discretion to waive the protester's pricing omission, since such pricing was a material requirement; (2) its decision to develop the protest did not render the protester an interested party; and (3) it properly dismissed the protest after determining that the protester was not sufficiently interested to protest the award. Accordingly, the original decision was affirmed.