Request for Reconsideration

B-202510.2: Aug 3, 1981

Additional Materials:


Ralph O. White
(202) 512-8278

Kenneth E. Patton
(202) 512-8205


Office of Public Affairs
(202) 512-4800

A company requested that GAO reconsider its prior decision which dismissed the company's protest to the extent that it challenged the validity of the laws of the District of Columbia (D.C.) and summarily denied the remainder of its protest which alleged that D.C. actions were contrary to the applicable principles of procurement law. Concerning the company's complaint that the summary denial of its protest precluded the company from adequately presenting its position concerning the issues which were not of a constitutional nature, GAO stated that the burden is on the protester to file a complete, fully briefed, initial protest submission since all issues raised by the submission are reviewed to determine if the agency report is necessary or if it is clear that the protest is without merit and should be decided on that basis. In support of the contention that the prior GAO decision erroneously characterized the Minority Contract Act certificate of registration as a matter of responsiveness, the company argued that since the D.C. Code requires evidence of financial standing as well as ability and character, which were clearly responsibility criteria, the certificate must be treated as a matter of responsibility. GAO responded to this allegation by stating that the previous decision characterized the requirement to obtain a certificate prior to bid opening as a matter of eligibility to compete, not responsiveness. While the company requested a conference, GAO Bid Protest Procedures do not specifically provide for the holding of conferences on requests for reconsideration. Therefore, GAO determined that a request for conference in connection with a request for reconsideration will be granted only where the matter cannot be promptly resolved without a conference. GAO did not feel a conference was necessary. Accordingly, GAO affirmed its prior decision.