[Request for Reconsideration of Decision Concerning VA Rejection of Bid]
Highlights
A firm requested reconsideration of a decision rejecting its bid as nonresponsive, contending that: (1) the awardee was unable to meet the requirements of the solicitation; (2) the awardee's equipment was not certified as required; and (3) the awardee had an unfair competitive advantage because its products were accepted even though they deviated from the specifications. The contracting officer determined that: (1) the deviation from the exact requirements would not affect either the price, quality, or quantity of the product; and (2) the equipment was exempt from the stamping and certification requirement due to its small capacity. GAO noted that bid protest procedures require that a request for reconsideration specify any error of law made or information not previously considered in the original protest. GAO will not consider evidence on reconsideration that could have been furnished during the initial consideration of protest. GAO found that: (1) the protester did not present any information not previously considered; and (2) mere disagreement with a prior decision does not provide a basis for reversal. Accordingly, the prior decision was affirmed.