Request for Reconsideration

B-202966.2: Feb 16, 1982

Additional Materials:


Ralph O. White
(202) 512-8278

Kenneth E. Patton
(202) 512-8205


Office of Public Affairs
(202) 512-4800

An incumbent contractor requested reconsideration of a decision in which GAO found that its low bid was mathematically unbalanced. Since the Navy had only data for 1 year on which to base quantity estimates and had included a factor for unforeseen growth, GAO concluded that the submitted estimates were not accurate enough to insure that the acceptance of the protester's bid would result in the lowest cost to the Government. Therefore, GAO recommended that the bid be rejected and that award be made to the next lowest bidder who had submitted a mathematically balanced bid. With its request for reconsideration, the protester submitted detailed information in support of its bid prices. It also attempted to explain any disparities between the Navy's estimates and its own records of quantities ordered during the first contract year. Therefore, it argued that the GAO recommendation should be modified or overturned. Bid protest procedures require that requests for reconsideration contain a detailed statement of the factual and legal grounds for such action which specify any errors of law made or information not previously considered by GAO. There was nothing in the detailed request which the protester could not have presented for the initial GAO consideration of the protest if it had chosen to do so. In the prior protest consideration, the firm responded to questions in very general terms, reaffirming its bid prices and stating that they represented fair market value. The first GAO decision was correct when made and was based on a careful examination of the prices submitted by the bidders on all line items for both the initial and option years. The protester did not show that GAO misunderstood the facts then known or misapplied them to the applicable provisions of law. Since the protest involved the protester's unbalanced bid prices as of the bid opening date, GAO did not believe it relevant or appropriate to consider data with regard to quantities ordered by the Navy or materials introduced into the protester's inventory after that date. Accordingly, the request for reconsideration was denied.

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