[Request for Reconsideration of Decision Dismissing Protest of Army RFP]

B-218869.2: Jun 6, 1985

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A firm requested reconsideration of a decision which dismissed its protest of an Army procurement for failure to state a basis for protest. In its request for reconsideration, the protester provided a more detailed discussion of the basis for its protest; however, GAO would not consider this matter because the request did not independently constitute a timely protest. GAO found that: (1) the request for reconsideration was untimely filed; (2) the Army issued a solicitation amendment that extended the proposal due date and revised various technical portions of the solicitation; and (3) the issuance of the amendment reflected the Army's intention to proceed with the procurement on a sole-source basis. In addition, the protester contended that the Army should not have procured the item from the awardee on a sole-source basis because it had an exclusive licensing agreement with the prospective awardee to manufacture and sell the item in the United States. However, GAO held that it would not resolve the dispute between private parties. Accordingly, the original decision was affirmed.