Request for Reconsideration

A firm requested reconsideration of a decision affirming an earlier decision, which held that the Army acted properly in canceling a solicitation for a repair and maintenance contract. In this request for reconsideration, the protester contended that the earlier reconsideration failed to take into account the same facts which necessitated reconsideration initially. According to protest procedures, a request for reconsideration shall contain a detailed statement of the factual and legal grounds upon which reversal or modification is deemed warranted and shall specify any errors of law made or information not previously considered. The protester also contended that the refusal of its facility in Germany to consent to a site survey was justified, because that facility was in no way legally connected to it. The contention that its German facility was autonomous failed to demonstrate an error in fact or law in the earlier decisions, regardless of the fact that the protester had previously stated that it had properly refused site inspection because the request for it was not specific or accompanied by a warrant. The other arguments were fully addressed in the earlier decisions. While the protester provided factual instances indicating its efforts to be cooperative and to demonstrate its responsibility, it failed to satisfy the legal requirement of showing that the contracting officer lacked a reasonable basis for making his nonresponsibility determination. GAO found that the protester failed to meet the burden required of those seeking to overturn an agency's responsibility determination. Accordingly, the prior decisions were affirmed.