[Request for Reconsideration of Dismissal of Protest Against DLA Contract Award]

B-221980.2: May 28, 1986

Additional Materials:


Office of Public Affairs
(202) 512-4800

A firm requested reconsideration of its protest against a Defense Logistics Agency contract award for static dischargers, which GAO dismissed as untimely because the protester did not file it before bid opening. In its request for reconsideration, the protester contended that: (1) the government requirements could include some for which it had not approved the awardee's product; (2) the requirements were beyond the government's needs; (3) given the high failure rate of the awardee's product, it was in the government's best interest to purchase its product instead; and (4) GAO should consider the protest pursuant to the significant issue exception to its protest timeliness rules. GAO held that: (1) a request for reconsideration must contain a detailed statement of the factual or legal grounds for reversal or modification of a decision; and (2) it will only invoke the significant issue exception if a protest concerns a matter of widespread interest or importance to the procurement community and involves a matter that has not been considered on the merits in prior decisions. GAO found that: (1) the issue was not of sufficient impact to warrant review under the significant issue exception; and (2) the protester provided no grounds for reconsideration. Accordingly, the prior decision was affirmed.