[Request for Reconsideration of Decision Contending Errors of Fact and Law]

B-218226.2: Mar 15, 1985

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A firm requested reconsideration of a decision which sustained another firm's protest under a Corps of Engineers solicitation, contending that the decision contained errors of fact and law which warranted reversal. GAO had held that a hand-carried bid deposited in a locked bid depository was late only because the Corps failed to check the depository on schedule. The requester received the contract award because the Corps considered the bid late. In its request, the requester contended that GAO erroneously assumed that the original protester checked on the status of its bid on bid opening day, leaving open the possibility that the protester actually delivered the bid late. GAO held that: (1) its decision was based on the statements of Corps personnel that the protester timely delivered the bid and not on any assumption regarding the time the protester checked on its bid; and (2) the errors of law cited by the requester did not present any principles of law that were not considered in the original decision. Accordingly, the original decision was affirmed.

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