[Second Request for Reconsideration of Denied Protest of Air Force Rejection of Bidder as Nonresponsible]

B-232346.5: Mar 30, 1989

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A firm requested further reconsideration of its denied protest of the Air Force's rejection of its bid as nonresponsible. GAO had held that: (1) the Air Force was not required to further review the protester's responsibility; and (2) it would not reconsider its decision, since the protester was seeking review of the matter in a federal court. In its second request for reconsideration, the protester contended that GAO incorrectly based the original decision on: (1) the erroneous conclusion that the Air Force's second nonresponsibility review was an affirmation of the prior finding, rather than a new negative determination; and (2) an erroneous reading of applicable law. GAO held that: (1) it would not reconsider the original decision, since the court dismissed the lawsuit due to an uncontested award of the contract to another firm; and (2) the protester was not sufficiently interested to protest, since it would not be in line for award even if its protest were sustained. Accordingly, the request for reconsideration was denied.

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