[Request for Reconsideration of Protest Against DOE Subcontract Award]

B-238706.4: Dec 3, 1990

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A firm requested reconsideration of its denied protest against a Department of Energy (DOE) contractor's subcontract award for an automatic welding system. GAO had held that the protester was not competitively prejudiced by the contractor's acceptance of the awardee's bid, which took exception to certain material requirements. In its request for reconsideration, the protester contended that, as the exclusive authorized dealer of such welding systems, it could have lowered its price given the opportunity to delete certain nonconforming terms from its bid. GAO held that the: (1) protester failed to present any evidence that it would have lowered its price given the opportunity; and (2) protester's assertion that it was the exclusive authorized dealer and that it could have lowered its price was not sufficient to show that it was competitively prejudiced. Accordingly, the request for reconsideration was denied.