[Request for Reconsideration of Denied Protest of Army Contract Award]

B-228048.2: Mar 15, 1988

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A firm requested reconsideration of its denied protest of an Army contract award. GAO held that the award was proper, since the solicitation did not mandate bid samples. In its request for reconsideration, the protester contended that: (1) GAO erroneously assumed that the awardee was a small business; (2) the Army improperly awarded the contract, since it knew the awardee's size status was questionable; and (3) the Army should have requested a size determination. GAO held that: (1) the protester failed to show that the original decision contained any errors of fact or law; (2) since the Army did not learn that the awardee was a large business until after the otherwise proper award, the determination did not warrant reconsideration of the decision; (3) the protester untimely filed its size-status protest; and (4) the protester failed to show that the Army was aware of the awardee's size status at the time of award. Accordingly, the request for reconsideration was denied.

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