[Request for Reconsideration of Protest of VA Contract Award for Home Oxygen Services]

B-261104.2: Jun 15, 1995

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A firm requested reconsideration of its dismissed protest of a Department of Veterans Affairs contract award for home oxygen services. GAO had held that: (1) the protester was not sufficiently interested to protest the award, since there was an intervening bidder that submitted a lower bid. In its request for reconsideration, the protester contended that: (1) the intervening bidder would not necessarily be in line for award, since the solicitation did not require award to the low bidder; and (2) it had filed an agency-level protest concerning the intervening bidder's eligibility for award. GAO held that the: (1) solicitation provided for award to the most advantageous bidder based on price; and (2) protester failed to apprise GAO of its agency-level protest and could not raise the issue in its request for reconsideration. Accordingly, the original decision was affirmed.