[Request for Reconsideration]

B-205594.3: Sep 24, 1982

Additional Materials:


Ralph O. White
(202) 512-8278

Kenneth E. Patton
(202) 512-8205


Office of Public Affairs
(202) 512-4800

A firm requested reconsideration of a decision regarding its protest of the Army's rejection of its bid, arguing that GAO failed to take material facts into consideration. In the initial decision GAO held that the protester had submitted a mathematically unbalanced bid which required rejection. The protester subsequently argued that the decision failed to consider a bid modification submitted several months after the Army received the bid and which made the bid more advantageous to the Government. However, GAO pointed out that approval of award to the protester based on the modification was never given. Further, although the late modification of an otherwise successful bid which makes it more favorable to the Government may be considered at any time, the protester's bid was not otherwise acceptable, and that fact disallowed submission of the modification. Bid protest procedures require that requests for reconsideration include only that information which was overlooked or was still pending at the time of the initial decision. GAO held that, since the protester could have presented information on the modification in its initial protest, it failed to meet the criteria for reconsideration requests. Accordingly, the prior decision was affirmed.